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Do I have to include all debts in bankruptcy

Submitted by on Fri, 04/21/2006 - 17:08
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Do I have to include all debts in a bankruptcy or may I leave out accounts I do not wish to close?


We were told, in 1998, that we didn't have to include all debts. There were creditors though that learned that we had filed, and closed accounts we had wanted to leave open. I don't know if the same is true now, but at the time I was told that some creditors pay companies to monitor accts for that kind of information.

My best advice would be to talk to your attorney, if you have hired one to represent you.


Submitted by set4sail on Fri, 04/21/2006 - 17:28

set4sail

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Hi Gunter

You can choose the debts accounts that you wish to include in bankruptcy. Those accounts that have not been filed under bankruptcy won't have any affect on it. However, you must know that bankruptcy will remain on your file for a period of ten years.

If you are thinking about discharging a particular credit card account, the creditor will most probably cancel the account until the debt has been reaffirmed. This is possible even though you have a zero balance.

After considering all the above factors, if you are thinking about filing bankruptcy, talk to an experienced bankruptcy attorney whose advice will be helpful on this complex subject.


Submitted by john on Sat, 04/22/2006 - 04:44

john

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When I filed chapter 7 bankruptcy, I was told by my lawyer that you must give up all accounts owed now. Being credit cards, credit catalogs, cellphones, cars and so on.

I wanted to give up everything in my bankruptcy except my cellphone account and was told I could not do that. That you cannot file for what you do not feel like paying and keep what you want.

Basically, if this was the question during bankruptcy, they would determine what they think you can pay based on your income, not what you think.

My sister filed the same day as I did and wanted to keep her car, but was told no, it had to be listed in the bankruptcy as did all her credit catalogs she wanted to keep. See, she wanted to file on her credit cards only but keep everything else.

You can however keep certain things by doing the following: Keep paying your payments to the creditor after the bankruptcy and most creditors will assume you are fulfilling your contract with them and keep your account active.

Bad part is, if you happen to find that these were the reason you had problems in the first place, you are now back to the beginning before filing with this creditor.

Once you pay a creditor after they are discharged, you are now obligated to pay them off. Ask your attorney about this. Most attorney's warn their clients about this.

Well, my sister could not keep the car, but she got her credit catalogs and cellphone account still. I also still have my same cellphone account, but did get rid of what I wanted in the end.


Submitted by ShawnK on Thu, 08/17/2006 - 02:23

ShawnK

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I included all of my debts in my banruptcy. I wanted to start fresh and not have some past credit issues hovering over my head. That's one of the reasons why I filed in the first place, I had fallen behind on some debts and just couldn't catch the payments up in time and the late fees were racking up. So I filed Chapter 7 bankruptcy and to this day, I don't have any bills to pay. Mine got discharged April 16, 2006. I don't have the constant worries of creditors calling my house or the worries of if I am going to be able to catch up on late payments. So I have a sense of relief now. Whenever I feel like I can take on debt again, I will. In the meantime, I am enjoying not having the harrassing phone calls and such. My advice to you is to keep what you KNOW you can pay without any problems. Get rid of everything that you KNOW is putting a financial strain on you.


Submitted by ChocolateBeauty on Thu, 08/17/2006 - 06:56

ChocolateBeauty

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I just filled out my Bankruptcy packet last week and filed two days ago. I'm keeping my vehicle even though it was listed. It just falls under the reaffirming debt category. It may have to do with you being behind on the payments or not. You have to list all of your creditors however you can reaffirms certain ones if you please. I didn't have to list my cell phone account, maybe you have to list it if you are past due on it. I'm not sure.


Submitted by PinkLady on Thu, 08/17/2006 - 08:17

PinkLady

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