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Bankruptcy Filing Deals With All Debts
Cathleen Cooper Moran

Q. 

Can you file bankruptcy on credit cards only?

-- Mechelle

A. 

Your question touches two different issues: what debt must be listed on the bankruptcy schedules; and, what effect does the bankruptcy discharge have on the listed debt.

You are required to list all of your debts on your bankruptcy schedules. You don't get to exclude debts to favored creditors. The schedules are filed under penalty of perjury. You even must list debts that are clearly non dischargeable, such as child or spousal support or mortgage debt.

Merely including a debt on bankruptcy schedules doesn't constitute a declaration that you expect to escape the debt. It is simply one of the disclosures a debtor must make.

In some cases, it may be that the unsecured credit cards are the only debts that are discharged at the end of the case. The debtor may have priority taxes that aren't dischargeable; student loans; or back support, all of which survive a Chapter 7 discharge. A bankruptcy discharge may eliminate the debtor's personal liability on home mortgage debt, but most debtor want to continue to pay on mortgage debt in order to keep the home that is subject to the mortgage lien.

An experienced bankruptcy lawyer can help you determine which of your debts will be discharged in bankruptcy.

-- Cathleen Cooper Moran






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