Legal Question in Bankruptcy in Nevada
I am seriously considering filing for chapter 7 bankruptcy. The only thing preventing me from doing so is a personal loan that I have that a friend co-signed on. If I file, am I forced to claim the loan or can I leave it off the bankruptcy and continue to pay it, thus fulfilling my obligation to my friend? I am under the assumption that with chapter 7, an individual can choose the elements by which to claim under the filing. Any advice would be greatly appreciated.
3 Answers from Attorneys
Chapter 7 requires that all debts, even debts which might be defensible, be listed in your sworn schedules. You will risk your discharge and liberty by "cherry-picking" the debts you schedule. So your stated assumption might land you in prison.
A Chapter 7 discharge ends your legal liability for a cosigned debt to the creditor and the cosigner. Any moral obligation you might feel to repay the debt is not extinguished in a bankruptcy proceeding. Whether you are willing or able to fulfill any such moral obligation is not a matter most lawyers are well-equipped to advise about.
Your spiritual advisor can explain further.
You can continue to pay a debt even after you file BK. The issue is whether you can be forced to pay the debt. You are required to list all the debts, even those you are going to pay back.
Paul is correct in saying that you must list the debt in your Bankruptcy even though you wish to pay for it.
DO NOT ATTEMPT TO PAY THE DEBT BEFORE YOU FILE BANKRUPTCY BECAUSE THERE COULD BE A LAWSUIT TO RECOVER ANY PAYMENT ON THE DEBT TO ALLOW ALL CREDITORS TO HAVE A FAIR SHARE OF THE PROCEEDS!
What you chose to do about paying a debt after your bankruptcy is over is your decision to make. It might be possible to get the creditor to settle payment of the debtor at a substantially reduced amount, allowing your friend to get off the hook for payment.
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