Legal Question in Credit and Debt Law in Georgia
If you file bankruptcy can you pick and choose what you want to file on?
3 Answers from Attorneys
No. It is a common myth that a person "files on" a particular debt. A person (or business) files a bankruptcy case and with them goes all of their debts and all of their property. It is then all dealt with under the law (with some choice being made by the debtor, including whether they want to try to keep their house if they can pay for it).
No. The failure to list every creditor you have is a serious felony,. It is grounds to deny a discharge, and can land you in federal prison for 5 years and get you a $250,000 fine.
In some bankruptcies, depending on the specific facts in your case, you may be able to negotiate keeping certain debts to save certain collateral, such as a house or car. These are things to discuss with your lawyer.
The answer is NO. Bankruptcy is not like a menu in a Chinese restaurant where you get to choose an item from column A or B.
Your bankruptcy attorney must list all of your debts and assets. The reason why is that if your debts are not included, then they are not discharged. By not including the debt, your attorney might be committing malpractice by exposing you to possible liability on the debt if a discharge was granted on everything but this debt. If its something that you want, you can always sign what is called a reaffirmation agreement if needed. But talk this over with your bankruptcy attorney.