Posts Tagged ‘debts’

What If I Want To Pay A Particular Creditor After Bankruptcy?

Tuesday, December 21st, 2010

A debtor may repay as many dischargeable debts as desired after filing under Chapter 7. By repaying one creditor, a debtor does not become legally obligated to repay any other creditor. The only dischargeable debt that a debtor is legally obligated to repay after filing under Chapter 7 is one for which the debtor and the creditor have entered into what is called a reaffirmation agreement. If the debtor was not represented by an attorney in negotiating the reaffirmation agreement with the creditor, the reaffirmation agreement must be approved by the court to be valid. If the debtor was represented by an attorney in negotiating the reaffirmation agreement, the attorney must file the agreement and a statement with the court in order for the agreement to be valid. If a dischargeable debt is not covered by a reaffirmation agreement, a debtor is not legally obligated to repay the debt, even if the debtor has made a payment on the debt since filing under Chapter 7, or has agreed in writing to repay the debt, or has waived the discharge of the debt.

Written By:  Bradford W. Botes

Will Bankruptcy Wipe Out All My Debts?

Tuesday, September 7th, 2010

Yes, with some exceptions. Bankruptcy will not normally wipe out:
1. money owed for child support or alimony, fines, and some taxes;
2. debts not listed on your bankruptcy petition;
3. loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan;
4. debts resulting from “willful and malicious” harm;
5. student loans owed to a school or government body, except if the court decides that payment would be an undue hardship; or
6. mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
If you are uncertain as to the dischargability of a particular debt, please schedule a free consultation with the Bond & Botes office most convenient to you. We will be glad to meet with you and provide you with a personal analysis of your financial situation.