What are the debts that are included when I file bankruptcy? 22 Answers as of March 26, 2012

I have 3 credit cards and all of them were already maxed out. I also have a housing and car loan from the bank. I even have debts from a lending company. Will of them be included?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, you will need to include all of those debts.
Answer Applies to: Washington
Replied: 3/26/2012
Debt Relief Law Center | Roger J. Bus
You must list all your debts in a bankruptcy filing. Then you "reaffirm" on debts you wish to continue to pay on: house note, car loan, student loans, property taxes, etc..
Answer Applies to: Michigan
Replied: 3/26/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
All assets and all debts are listed in bankruptcy. Debts can be priority (not dischargeable, such as most taxes and student loans), secured (such as real property and vehicles), and unsecured debts (such as credit cards or loans.)
Answer Applies to: California
Replied: 3/26/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
All debts must be included.
Answer Applies to: Virginia
Replied: 3/26/2012
Law Offices of Joseph A. Mannis
Law Offices of Joseph A. Mannis | Todd Mannis
You do not get to pick and choose - all debts must be listed in a bankruptcy, period. NO exceptions.
Answer Applies to: California
Replied: 3/24/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    You must list all of your debts. The secured debts must be paid to retain the property, though there may be certain ways to reduce those payments especially in chapter 13.
    Answer Applies to: Florida
    Replied: 3/23/2012
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    All of your debts will be listed in the bankruptcy filing. Which debts are discharged, however, is a different issue, and I think that is what you are asking. All unsecured debt is discharged (in a Chapter 7). If you want to keep the house and car, you have to continue to pay for those. If you don't want to keep the house and/or the car, then you surrender the property and any difference between the value of the property and what you owe the bank is unsecured debt, and discharged. The debts from the lending company, are they secured by property? If so, then you will have to repay the debts or lose the property. If they are not secured by property, then are unsecured debts and therefore discharged.
    Answer Applies to: Texas
    Replied: 3/23/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    All debts are included. You can keep the house and car if you want.
    Answer Applies to: California
    Replied: 3/23/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    You must list all of your debts when you file for bankruptcy. This would include the debts that you have mentioned as well as any other debts that you may have.
    Answer Applies to: Utah
    Replied: 3/23/2012
    L. JONES LAW FIRM, PLLC
    L. JONES LAW FIRM, PLLC | Leon Jones, Jr.
    All of those debts will be included. Also, additional non-secured debts will be included.
    Answer Applies to: Arkansas
    Replied: 3/22/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Generally, all unsecured loans will be listed and discharged. All debts must be listed in your Bankruptcy, but you may reaffirm some of those debts. For example you may want to reaffirm the debt on your house and car so that you are able to keep those assets. You also have the option to surrender those assets and discharge those debts if you have no equity or negative equity.
    Answer Applies to: Nebraska
    Replied: 3/22/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They are all included but your car company will ask you to sign a reaffirmation agreement in order to keep your car, the mortgage company will generally not do anything if you remain current (which you will have to continue to pay or they will foreclose) and the credit card debt will be discharged.
    Answer Applies to: New York
    Replied: 3/22/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    All of your debts are included when you file bankruptcy. The type of bankruptcy you file (Chapter 7 or 13) will help determine your situation. In general, most cases include 2 main types of debts: Secured and Unsecured. Secured debt is debt where the lender has title to that which you bought with the money they loaned such as a house or a car. Unsecured debts are generally credit cards, medical bills and personal loans. If you are behind on your car and/or house and want to keep the property, you would most likely need to file a Chapter 13. If you are current on your house and car payments, you may be able to keep both and wipe out your unsecured debt and keep all of your property. Keep in mind that every case is different and your individual situation will determine which type of bankruptcy is right for your needs.
    Answer Applies to: Georgia
    Replied: 3/22/2012
    T.K. Byrne | Timothy K. Byrne
    You must include everybody you owe money to, whether you intend to pay them or not.
    Answer Applies to: Mississippi
    Replied: 3/22/2012
    Law Office of Robert Sisson | Robert Sisson
    A chapter 7 Bankruptcy will get rid of.all ur unsecured debt (credit.cards, doctor bills, lawyer bills etc.). If u want to keep ur house and car, u will have to be current on them and up to date.
    Answer Applies to: Wisconsin
    Replied: 3/22/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes. You can include your credit cards and loans. If you want to keep the home and the car, you need to make payments on the loan. If not, you will lose them.
    Answer Applies to: California
    Replied: 3/22/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You put in all the debts in the petition of course but the house loan which is secured by the house (a mortgage) and the car loan which is secured by the car (a lien) will remain debts against those assets and if you do not pay them then your house will be foreclosed and your car repossessed at some point. You will not owe anything after the foreclosure or repossession but you cannot keep property subject to liens (mortgage or car lien) unless you pay those debts. You can surrender the car and/or the house in the bankruptcy case if you no longer want to continue paying for them and then the bank will come get the car and will foreclosure on your mortgage and get you out of the house sooner or later. Therefore, if you want to keep the house and car then you must continue to pay for them. Your other debts will be discharged in Chapter 7 if that is what you are going to file. Bankruptcy eliminates personal liability but lien rights are not affected by a Chapter 7 bankruptcy case. Those are secured debts.
    Answer Applies to: California
    Replied: 3/22/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    All debts must be included. Secured debt such as car loans and home loans must either be paid or surrendered to the lenders.
    Answer Applies to: California
    Replied: 3/22/2012
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    All debts must be listed when you file bankruptcy. Not all debts are discharged. Credit card debts are generally dischargeable, unless they meet one of the exceptions set forth in 11 U.S.C. Section 523. Car loans and home loans are usually secured debts, and must be paid even in bankruptcy unless the collateral is given back to the lender.
    Answer Applies to: California
    Replied: 3/22/2012
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, you should include all of your debts, secured and unsecured.
    Answer Applies to: Florida
    Replied: 3/22/2012
    The Smalley Law Firm, LLC | Cary Smalley
    You must include all of your debts when filing for bankruptcy. I recommend you talk to an attorney regarding what chapter is right for you with regards to your home and vehicle loans.
    Answer Applies to: Kansas
    Replied: 3/22/2012
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    All debt must be listed.
    Answer Applies to: California
    Replied: 3/22/2012
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