My bankruptcy attorney told me that I have to include all of my debt, is that true?

When you file a bankruptcy, you must list all of your debt.  It is considered a “bad faith” bankruptcy filing if you do not list all of your debts.  While it is complicated to explain, in many bankruptcy cases you can decide HOW you want to treat your debts.  For example, in a Chapter 7 bankruptcy case, if you have a home, you must list the mortgage on the home in your bankruptcy case (even if you are not behind on your payments).  However, while you have to list this mortgage debt, you can reaffirm the debt and continue to make your payments.  When you reaffirm the debt it will not be discharged in your bankruptcy case and you will be held responsible for the payments after your case is discharged.

 

This answer does not create an attorney/client relationship and is for informational purposes only.  We are a law firm licensed in Georgia.   A consultation with a qualified attorney in your area is required to determine specific legal advice as to your situation and applicable law. We are a law firm designated by Congress as a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.