No, you cannot pick and choose what past due bills you can include in the bankruptcy. Certain bills, such as regular monthly bills which you are current on, do not have to be listed. However, you can pick and choose certain debts if you file a Wisconsin Chapter 128 petition.
Legal disclaimer: No attorney-client relationship is formed by this communication. Any recommendation/information given through Avvo should be considered only as opinion.
Family Law Attorney
Not in the way you mean. By law, ALL debt must be scheduled in your bankruptcy, whether it is a debt to mom or the bank. Every single debt has to be listed. You are able to "reaffirm" certain debts if you wish, but doing so, esp. on unsecured debt, defeats the purpose of bankruptcy to begin with. Regular, recurring expenses, like the power bill, typically aren't considered "debt."
We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
Short answer, No! You must disclose ALL debts/bills in your bankruptcy. The bankruptcy code determines what happens to them (discharged, not discharged, etc). So, you must list your mortgage, car loan, all credit cards etc.
1 found this helpful
3 lawyers agree
Contracts / Agreements Lawyer
If it's a 13, you may fall below the median income in which case you can exempt certain non-priority debts. If it's a 7, most debts are dischargeable. While a chapter 128 petition is more flexible, it's less enforceable.
1 lawyer agrees
Insurance Law Lawyer
You must include everything you own and everyone to whom you owe money. That means all your assets and all your creditors must be listed. If you have been paying back some creditors and not others in the 90 days to 1 year before filing, the trustee could potentially get that money back because you're preferring some creditors over others. The idea is that all creditors in a chapter 7 should be treated equally.
However, after the chapter 7 is over, nothing is stopping you from making payments on any discharged debt. We typically see this with debts to family members. Although they are included in the bankruptcy, you can continue to pay them. Just watch out for how much you've paid them in the year before filing the bankruptcy as filing could lead to some unintended consequences.