If the provision states that the obligation is not dischargeable in bankruptcy, that is unenforceable. One cannot contract to make a debt non-dischargeable prior to a bankruptcy case being filed. The other terms of the contract are able to be rejected in bankruptcy as well, so that you will not be responsible to pay anything.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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