October 12, 2008

Must I Include All Debts When Filing for Bankruptcy

Are you required to include all debts when you file for bankruptcy?  Our office recently received the following question by email:
I would like to know if I can file a Chapter 13 on my home loan. I am overdue 2 months. I do not want to include credit card debt.

Here is our answer: the bankruptcy laws are very specific that you must include all of your debts when you file for bankruptcy.  You cannot include some bills and leave others out.  Realize that notice of your bankruptcy will shortly be included in your credit files so it is almost certain that all of your creditors will find out about your filing anyway.

We strongly urge you to provide your bankruptcy lawyer with a copy of your credit report and to advise your lawyer about all of your debts.  Full disclosure will result in your best bankruptcy results.

Filed under Getting started, Preparing for bankruptcy by Clark and Washington

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