QUESTION
Can I file bankruptcy on accounts that I know are scams?
Asked on May 28th, 2012 on Bankruptcy - New York
More details to this question:
We purchased internet traffic (WTS) to a shopping site (150 popular stores) WTS said they provided 3mil 600 thousnad proven buyers) to our site.During 3 major holidays....no sales (except we know there was because we purchased a 269 dollar item) . we signed a no income guarantee, BUT there was a traffic guarantee! ...we did the math down to as small as 1/8th of 1 percent (of what they said we would have for income ) and it would give us enough to pay the credit cards off and money for down payment on a house. (Never use money you don't already have for an investment)when we saw no results we contacted all 3 cards...one went after them and got their money back. the other 2 did not.... we cannot pay that amount back (cancer expenses in the house , loss of unemployment ..etc. ) we are both on SSI and just making it every month. (have used all our savings. ) I dont want to file bankruptcy on my legitimate debt, just the 2 fraudulents. can I do that?thank youMrs A
20 ANSWERS
Yes, you can file bankruptcy and discharge the debt you identify. There is no such thing as filing on this and not that. You file bankruptcy or you do not. However, nothing and no-one will stop you from paying back a creditor who was discharged in your bankruptcy. If you are on SSI and have used all your savings, you need to be spending your available cash on living expenses, not debt payment. You don't really even need a bankruptcy to stop paying these people. There is really nothing they can do to you if you stop paying except call you a lot and you probably know how to ignore them.
Answered on Jun 07th, 2012 at 3:51 PM
If you file bankruptcy, you need to list all of your debts.
Answered on Jun 07th, 2012 at 3:51 PM
Glen Edward Ashman
Bankruptcy affects ALL your debts.
Answered on Jun 07th, 2012 at 2:47 PM
Burton J. Green
You cannot pick and choose which debts to include in a bankruptcy. You are required to include all your debts. The scam debts will be discharged in the bankruptcy.
Answered on Jun 07th, 2012 at 2:31 PM
Divorce Attorney serving Atlanta, GA
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The Martin Law Group, LLC
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You must list all of the debt you owe. You are not permitted to exclude any debts. With regards to the scam debts, since you did commit any fraudulent act the debt should be dischargeable.
Answered on Jun 07th, 2012 at 2:02 PM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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You can't choose who you want to list in your bankruptcy. But there may be some causes of action against WTS. I would not know that without seeing all of the signed agreements.
Answered on Jun 07th, 2012 at 1:19 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You cannot pick & choose you must list all debts. In certain circumstances you may reaffirm a debt.
Answered on Jun 07th, 2012 at 12:30 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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When you file bankruptcy you must list all debts. If you want to pay back certain debts after bankruptcy you are allowed to do so.
Answered on Jun 07th, 2012 at 1:00 AM
Daniel James Wilson
BK would probably discharge this debt, but you must list all creditors.
Answered on Jun 07th, 2012 at 12:48 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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When you file for bankruptcy, you must disclose all your debts even the ones that you want to keep. However, it is up to the credit card company whether they will allow you to keep and use your account in the future. So, you should negotiate with them before you file. However, most banks will automatically close your account as soon as you file even if you are current on the payments due to the risks involved. Have you filed a police report about the scams.
Answered on Jun 07th, 2012 at 12:34 AM
William C. Gosnell
No you must list all debts by federal law. However you can reaffirm any debt that you wish to pay.
Answered on Jun 07th, 2012 at 12:21 AM
Looks like this WOULD be a totally dischargeable debt in a Chapter 7.
Answered on Jun 06th, 2012 at 11:31 PM
You can file bankruptcy on all credit card debt. However, you will have to list all of your debts and then reaffirm each of the debts you decide to pay. However, you need a thorough review of your fact situation to determine if there are any defenses against the credit card companies' efforts to collect on the debt related to the scam. The charges should have been charged back to the scam business after you advised the credit card companies you didn't received anything of value that was offered by the scam business.
Answered on Jun 06th, 2012 at 11:30 PM
Every bankruptcy filing will list all of your assets and all of your debts. It is perfectly legal, however, to enter into "reaffirmation" agreements with only some creditors. In other words, make a new promise to pay their claim. You also have the right to voluntarily pay a debt that was discharged in bankruptcy. Only the creditors are bound by the discharge. They cannot pursue their claim against you. So, yes, if you otherwise qualify for bankruptcy, you can file, and still pay some of your creditors voluntarily.
Answered on Jun 06th, 2012 at 11:29 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No you have to include all of your debts in a bankruptcy. The bankruptcy law does not allow you to give a preference to one creditor over another.
Answered on Jun 06th, 2012 at 11:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I am sorry to hear of your situation. You should really contact an attorney, have the contract reviewed to see what can be done. If this is truly fraudulent you should be recontacting your credit card companies about it and may wish to speak with your local country prosecutor. Yes, most probably the debts could or would be dischargable in bankruptcy, but again, you should present the entire situation to an attorney before you make any decision. Generally, when you file a bankruptcy you are required to list all of your debts and assets, regardless of their source. The problem here seems to be the bad guys got the money, delivered nothing and you (and the credit card companies who are not the bad guys) are the victims.
Answered on Jun 06th, 2012 at 11:26 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Not quite. When you file for bankruptcy protection, you must list all of your debts, without omission, and they will be discharged. However, nothing prevents you from continuing to pay whatever debts you want to pay after you file for bankruptcy protection, but you no longer have legal liability to do so.
Answered on Jun 06th, 2012 at 11:24 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You aren't required to list all creditors when filing for bankruptcy, but even if you don't, your credit will be negatively effected and you may lose your relationship with creditors who you don't attempt to discharge debt from. Rather than file for bankruptcy, perhaps you should consider suing in civil or even small claims court (if they amount you seek to recover is less than the statutory limit). This seems to make more sense than filing for bankruptcy.
Answered on Jun 06th, 2012 at 11:23 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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Yes. You should list all potential claims, even the ones that you allege are frauds. Dispute the debt in the schedules.
Answered on Jun 06th, 2012 at 11:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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When you file bankruptcy, you must list ALL of your debts. You cannot pick and choose who you are going bankrupt on. But you can choose to reaffirm debts. Thus, you cannot file bankruptcy just on debts you believe to be fraudulent.
Answered on Jun 06th, 2012 at 11:23 PM