If you are filing for bankruptcy then you should not keep any debt that can be discharged. The whole point is to get rid of it all and get a fresh start.

Answer Applies to: Michigan
Replied: 10/14/2011

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You must scheduleall debt when filing for bankruptcy. Secured debts can be reaffirmed. Most creditors will not allow you to reaffirm unsecured debts.

Answer Applies to: Colorado
Replied: 10/3/2011

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The law requires you to list all of your debts.

Answer Applies to: California
Replied: 10/3/2011

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Possible yes, but should you the answer is no. The only debt that should survive a bankruptcy is secured on property that you want to keep. All unsecured debt should be a part of a Bankruptcy.

Answer Applies to: Florida
Replied: 10/3/2011

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Bankruptcy won't delete your debt from your credit score but will release your personal liability if it is discharged.

Answer Applies to: Washington
Replied: 10/3/2011

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First you should contact the current legal owner of the Debt and offer to pay them back at 30%.

Answer Applies to: Georgia
Replied: 10/3/2011

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You have to list all debts on a bankruptcy even those debts that can't be discharged in bankruptcy or debts that you want to continue making payments on (such as vehicle, furniture or house payments, for example). Even though you have to list all debts, you would still be able in most cases to keep making payments on items that you want to keep (car, house, etc.). However, with respect to credit cards, most credit card companies will shut off your charge privileges following a bankruptcy. You are wasting your money if you continue to pay any credit cards after you have filed for bankruptcy.

Answer Applies to: Virginia
Replied: 10/3/2011

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All debts and all assets are included in bankruptcy. You cannot pick and choose which to list.

Answer Applies to: California
Replied: 10/3/2011

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You need to list all your debt in your bankruptcy. You cannot favor some creditors by paying them and not paying others.

Answer Applies to: California
Replied: 9/30/2011

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When you file a bankruptcy, you are swearing under penalty of perjury that you are listing all of your debts. It is one of the requirements that you cannot "pick and choose" which debts to include in a bankruptcy. And all of the listed debts would be discharged, unless they were not the kind of debts that can be discharged in bankruptcy, like recent tax debts, child support, or most student loans. That being said, Section 524(f) of the Bankruptcy Code provides that it is legal to pay certain creditors after filing bankruptcy, if you wish to do so voluntarily. But to become legally bound to pay a dischargeable debt after bankruptcy, you must enter into a Reaffirmation Agreement as provided in Section 524(c). And for a Reaffirmation Agreement to be valid, either your attorney must certify that it does not create an undue hardship on you or your dependents, or the Bankruptcy Court must approve the Reaffirmation Agreement after a hearing at which you must attend and give testimony. Talk to an experienced bankruptcy attorney about your options and possible solutions for your situation.

Answer Applies to: Texas
Replied: 9/30/2011

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Bankruptcy provides relief of all debts except child support, alimony, student loans, restitution, and taxes from the last three years. You can keep secured debts such as mortgages and cars so long as you continue to make payments after filing.

Answer Applies to: Colorado
Replied: 9/30/2011

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Once you file bankruptcy, if you get your discharge, then you will be relieved of all the debt and it will be removed from your credit. However, it will still show the creditor from whom you owed that the debt was "discharged in bankruptcy".

Answer Applies to: New York
Replied: 9/30/2011

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In a bankruptcy all of your debt and all of your assets must be listed. One of the purposes of bankruptcy is to ensure that all of the creditors of a similar class get treated equally. You don't get to pick and chose. If you are able to repay some of your debts, a Chapter 13 bankruptcy, which is a repayment plan, may be an option for you. You should consult with a local bankruptcy attorney to find out what your options are.

Answer Applies to: Minnesota
Replied: 9/30/2011

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Your question is a very common one from clients, but the answer is no. You must list every debt and every asset. Dischargeable debts will be discharged. When you file your Petition all of your existing accounts will be closed by the credit grantor. In any event, why would you not want to discharge every debt that you can? Filing Bankruptcy does not remove any negative entry from your credit report.

Answer Applies to: Colorado
Replied: 9/30/2011

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You cannot choose to pay some creditors and not others through bankruptcy. All of your creditors must be listed and dealt with equally. Attempts to pay one off, but not others, will likely result in the court retrieving the assets transferred to the paid creditor and redistributing them to all creditors or it may result in a dismissal of your petition. You be qualified for a Chapter 13 which would allow all of your debtors to be paid a reduced amount at a rate you can afford. Your bankruptcy attorney should discuss all debt relief options with you prior to determining if Chapter 7 is right for you.

Answer Applies to: Massachusetts
Replied: 9/30/2011

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You have to list all of your debts in bankruptcy. You can reaffirm (agree to take some back on) some of the debt, but you must list them all and then make arrangements (if the creditor is willing) to reaffirm the debt. The only debt you do not have to reaffirm to keep is your mortgage. Real Property does not have to be reaffirmed, you just have to be current in your payments and stay current.

Answer Applies to: Michigan
Replied: 9/30/2011

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When you file bankruptcy, you must list each and every one of your creditors. Period. If you choose to pay one or more of them back, that is your call, but you can't pick and choose who you list. As far as clearing your credit, bankruptcy is not a magic credit-clearing tool - it eliminates your legal obligation to pay. The debts will still be reported on your credit report, only as "discharged in bankruptcy." Which by the way, is still a whole lot better than "delinquent."

Answer Applies to: California
Replied: 9/29/2011

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Someone told me one time that bankruptcy is like pregnancy - you're either pregnant or you're not. It's all or nothing.

Answer Applies to: Indiana
Replied: 9/29/2011

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Bankruptcy affects all your debts not some of them. A lawyer would have to see your numbers to give you a useful detailed answer.

Answer Applies to: Georgia
Replied: 9/29/2011

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You cannot choose which debts to discharge. You must report all your debts in the bankrutpcy petition and all the debts that are dischargeable will be discharged. It does not matter that you are current on some debts and behind on the others. All creditors holding the same type of debts are treated equally. For example, unsecured debt, such as credit card debts, personal loans and medical bills, are treated the same and generally all discharged in Chapter 7. Debts which are secured by property, such as car loans and mortgages, are a different type of debt and you must pay those debts if you want to keep the property that secures the debt.

Answer Applies to: California
Replied: 9/29/2011

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You can discharge most debts. Some types of debt like student loans and most taxes are not dischargeable. You must list all your debts and may not leave some out of the bankruptcy case.

Answer Applies to: California
Replied: 9/29/2011

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No. You must list all of your debt. The court will not permit you to favor some creditors over others.

Answer Applies to: California
Replied: 9/29/2011

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No, all creditors must be included in your bankruptcy.

Answer Applies to: California
Replied: 9/29/2011

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Yes a bankruptcy will discharge all unsecured debt. (It cannot remove tax liens or discharge most taxes. Any child support obligations or student loans are also non dischargeable).

Answer Applies to: Texas
Replied: 9/29/2011

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No. You can not pick and choose as to whom to declare bankruptcy against. All liabilities and all assets must be listed.

Answer Applies to: California
Replied: 9/29/2011

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All creditors have to be included. You cannot pick and choose who you list.

Answer Applies to: California
Replied: 9/29/2011

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You have to list all your creditors in your bankruptcy and all your unsecured creditors ie credit cards, medical bills, etc. will all be treated the same. Really the only place you can pick or chose is with secured debts, like car and home loans. There you have the option of keeping the stuff and the bill or returning the property. Good luck!

Answer Applies to: California
Replied: 9/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.