Legal Question in Bankruptcy in Minnesota

If I file bankruptcy, but don't add a personal loan to it, can the person sue me in conciliation court since I will stop paying them? I let them know I am filing bankruptcy but will pay them back when I can. This is a free question. Thank you!


Asked on 10/04/10, 6:55 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

You are not allowed to pick and choose which debts to list in your bankruptcy. You must list them all. If you purposely leave a debt off you would be guilty of perjury.

There is a provision in the statute which specifically states that after a bankruptcy discharge you may still voluntarily pay a debt, even though you are no longer legally obligated to do so. Given that provision, I don't see any reason why you would not want to list every debt, even if there may be some you would still like to pay later.

This is a question that you should be asking your own lawyer. Bankruptcy is not a process that you should do by yourself without legal advice.

This response is not legal advice, is for general information purposes only and does not create an attorney-client relationship. You need the advice of a competent lawyer and should not be guessing at questions like this on your own.

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Answered on 10/10/10, 1:30 pm
Sam Calvert Calvert Law Office

You need to list all of your bills. The trustee will ask you at your meeting of creditors if you have done so. You are free to pay back anyone you want AFTER you file bankruptcy.

Talk to your attorney about this. Bankruptcy is complicated and I have seen bad results from people who use a company they pick off the internet.

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Answered on 10/10/10, 3:24 pm


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