QUESTION
If someone who owes money to me files bankruptcy, can he exclude me from that?
Asked on Oct 03rd, 2015 on Bankruptcy - Michigan
10 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, not without a reaffirmation agreement or some other, post-filing, commitment. And our judges won't sign a reaffirmation agreement on unsecured debt.
Answered on Oct 13th, 2015 at 8:55 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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No - all debts must be listed. He may choose to voluntarily repay you, but your debt should be listed with all other debt owed.
Answered on Oct 12th, 2015 at 2:38 AM
Not suppose to. They should include you. If they feel a moral obligation to repay you, continue paying you after they receive their discharge. That's how I would advise them.
Answered on Oct 08th, 2015 at 4:47 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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All creditors are required to be listed. ?However, he can repay the loan even if he no longer has a legal obligation.
Answered on Oct 08th, 2015 at 3:00 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The short answer is No. A debtor in bankruptcy is obliged to list all his debts, claims, etc. However, he is free to make an entirely voluntary payment on an otherwise discharged debt.
Answered on Oct 07th, 2015 at 2:02 PM
Not unless he wants to commit a crime and go to prison. Bankruptcy law requires that every debt be listed and there are no exceptions. The person is welcome to repay you if he wants to and can afford to do so, but you cannot even so much as hint that you want to be repaid.
Answered on Oct 07th, 2015 at 1:56 PM
Derek W. Freeman
No, the debtor must list each and every creditor he owes money to. To leave out a creditor would constitute fraud, and that could end very badly for the debtor. Some debts can be reaffirmed though. Also, the debtor can always voluntarily pay off the debt, even if it's discharged. You, as the creditor, are barred from trying to collect the debt, however. So don't even try.
Answered on Oct 07th, 2015 at 1:56 PM
The rules for bankrupt debtors say that nobody can make them pay a discharged debt, but they can voluntarily pay any creditor they wish. So if the debtor has told you they will continue to pay you voluntarily, they can do that, but you can't enforce that promise unless the debtor signs a reaffirmation agreement and it is approved by the court. Be careful not to ask the debtor about it or you might violate the bankruptcy stay. They have to contact you, or you can contact their attorney, or you can appear at their hearing and the trustee will allow you to ask the debtor questions. If you have previously provided a service to the debtor, you are not obligated to continue to provide them services if they don't pay your bill. You can legally enforce any debt they incurred after filing bankruptcy, however.
Answered on Oct 07th, 2015 at 2:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are not listed the debt is not discharged, however not listing a known creditor is a bankruptcy fraud. It is possible to reaffirm certain debts.
Answered on Oct 07th, 2015 at 2:48 AM