Legal Question in Bankruptcy in California

Can I file Bankruptcy

I have recently been through an attempt to purchase the home I was living in. The son of the owner of the house is an Attorney and basicly told me that if I did not sign an agreement to buy the house and sign a form saying that I would be judicial proof and that I could not file Bankruptcy and list him.

That basically I would still owe him the debt even if I filed bankruptcy. I sign the form because I was trying to hang on to the interest that I had invested in the house. I had an attorney of my own and she advised me to sign the paper.

It was her advice that said I could still file bankruptcy and list him and would not have to pay the debt.

Is this true and is there anything special I would have to do in order to include him in the bankruptcy?


Asked on 10/11/01, 10:55 am

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Can I file Bankruptcy

Your attorney is correct. One cannot contract around bankruptcy.

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Answered on 11/22/01, 1:21 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can I file Bankruptcy

Thanks for your posting, and apologies for the delay it took in getting this question answered for you.

From a legal standpoint, any agreement pre-bankruptcy that if you file bankruptcy certain debts are not dischargeable or have penalties are NOT enforceable. Creditors keep having people sign these, however, because not everyone knows the law, and they are intimidating.

Thanks again, and if you have any questions or desire any further information, please don't hesitate to call me anytime at 1-877-568-2977 (toll free) or just email me.

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Answered on 11/23/01, 3:10 pm


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