If someone who owes money to me files bankruptcy, can he exclude me from that? 15 Answers as of October 13, 2015

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No, not without a reaffirmation agreement or some other, post-filing, commitment. And our judges won't sign a reaffirmation agreement on unsecured debt.
Answer Applies to: Texas
Replied: 10/13/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
No - all debts must be listed. He may choose to voluntarily repay you, but your debt should be listed with all other debt owed.
Answer Applies to: Kentucky
Replied: 10/12/2015
Stephens Gourley & Bywater | David A. Stephens
No, but he can reaffirm the debt.
Answer Applies to: Nevada
Replied: 10/9/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not suppose to. They should include you. If they feel a moral obligation to repay you, continue paying you after they receive their discharge. That's how I would advise them.
Answer Applies to: Colorado
Replied: 10/8/2015
Ronald K. Nims LLC | Ronald K. Nims
All creditors are required to be listed. ?However, he can repay the loan even if he no longer has a legal obligation.
Answer Applies to: Ohio
Replied: 10/8/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    No. If he did that he could go to Federal Prison. Depending on the type of case it may not matter to your debt anyway. When a person files bankruptcy they swear under penalty of perjury under the federal law that they have disclosed their entire financial picture. That includes everyone they owe money to. That is the bargain that is struck - full disclosure in exchange for a discharge of all dischargeable debts. If they wanted to they could pay you later (after the bankruptcy) but you can't ask for payment.
    Answer Applies to: California
    Replied: 10/7/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The short answer is No. A debtor in bankruptcy is obliged to list all his debts, claims, etc. However, he is free to make an entirely voluntary payment on an otherwise discharged debt.
    Answer Applies to: Wisconsin
    Replied: 10/7/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. the law requires that all debts be listed. AND if you know about the bankruptcy from another source you are still bound by the automatic stay.
    Answer Applies to: California
    Replied: 10/7/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Not unless he wants to commit a crime and go to prison. Bankruptcy law requires that every debt be listed and there are no exceptions. The person is welcome to repay you if he wants to and can afford to do so, but you cannot even so much as hint that you want to be repaid.
    Answer Applies to: Nevada
    Replied: 10/7/2015
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    No, the debtor must list each and every creditor he owes money to. To leave out a creditor would constitute fraud, and that could end very badly for the debtor. Some debts can be reaffirmed though. Also, the debtor can always voluntarily pay off the debt, even if it's discharged. You, as the creditor, are barred from trying to collect the debt, however. So don't even try.
    Answer Applies to: Colorado
    Replied: 10/7/2015
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    Legally no a debtor cannot. You must include all creditors when you file bankruptcy. You cannot exclude one over another as that would be a preferential treatment and there are severe consequences for a debtor should they chose to do that.
    Answer Applies to: Alabama
    Replied: 10/7/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No.
    Answer Applies to: California
    Replied: 10/7/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    The rules for bankrupt debtors say that nobody can make them pay a discharged debt, but they can voluntarily pay any creditor they wish. So if the debtor has told you they will continue to pay you voluntarily, they can do that, but you can't enforce that promise unless the debtor signs a reaffirmation agreement and it is approved by the court. Be careful not to ask the debtor about it or you might violate the bankruptcy stay. They have to contact you, or you can contact their attorney, or you can appear at their hearing and the trustee will allow you to ask the debtor questions. If you have previously provided a service to the debtor, you are not obligated to continue to provide them services if they don't pay your bill. You can legally enforce any debt they incurred after filing bankruptcy, however.
    Answer Applies to: Oregon
    Replied: 10/7/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The short answer is no. A Debtor is obligated to list all creditors in their bankruptcy schedules and cannot exclude any creditors.
    Answer Applies to: California
    Replied: 10/7/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you are not listed the debt is not discharged, however not listing a known creditor is a bankruptcy fraud. It is possible to reaffirm certain debts.
    Answer Applies to: Michigan
    Replied: 10/7/2015
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