Legal Question in Bankruptcy in California
With the new Chapter 7 bankruptcy laws are you required to include all creditors in the bankruptcy? We filed bankruptcy 10 years ago and were able to keep some of the cards and continue paying on them. Reason I ask is because I am still paying on about 5 of my cards because I was going to try and keep at least 2 of them and pay them off.
2 Answers from Attorneys
There was no change in the requirement that you must list all creditors in any bankruptcy case. That has been the law at least since 1979. Intentional failure to do so is fraud. You can continue paying on any debt you want. I doubt any creditor in the history of mankind has refused to accept money.
Creditors that are inadvertently omitted are still discharged (in a no-asset Chapter 7).
If you are still paying on debts that you owed when you filed BK (unlikely since it's been 10 yrs) you do so voluntarily ... because your responsibility to pay the debts was discharged.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
