Q Can I Pick What Debts to Include in Bankruptcy?
While you must declare all of your debts in the bankruptcy filing, you may choose to keep a car or house that you still owe money on by reaffirming the debt and continuing to make payments. You're also welcome to repay other debts, like money owed to family members or local businesses. The bankruptcy discharge only eliminates your legal obligation to pay back those debts.
If you purposely leave out a debt, asset, or a creditor, there could be severe penalties, including having your discharge of debt revoked. Also, by intentionally filing inaccurate paperwork you could be committing perjury, which is a felony.
This problem come up sometimes, and it's completely avoidable. Just remember to give your lawyer a list of every debt you owe, including unsecured loans, credit card debts, medical bills, mortgages, and car payments, so that the attorney can prepare an accurate petition. Even if your petition has been filed with the court it can be amended, if necessary.
Some debts aren’t dischargeable by bankruptcy, even though you may want them to be. These include:
- Child support payments
- Alimony payments
- Most student loans
- Most money owed to the Internal Revenue Service (IRS)
- Law enforcement fines
- Debts for willful and malicious injury
- Debts incurred through fraud
- Judgments in wrongful death or personal injury cases arising from your intoxication
- Interest owed on non-dischargeable debts
If you have particular questions about what debts or types of debts you can include in your bankruptcy, you need an experienced attorney to help. Castle Law Office has been handling bankruptcies for Kansas City clients from more than 14 years. If you need the fresh start bankruptcy can provide, call us today at 816-842-6200 to speak with an attorney. Or click here to email us and schedule your free consultation.