Birmingham, AL asked in Bankruptcy for Alabama

Q: If we file chapter 13 do we need to add all the bills and charge cards in or can we keep some out

We are going thru a divorce and the court and my attorney said for us to file on my back medical bills..That is all that we was to get taken care of..Do we have to add my charge cards in which is paid off and one that is just about paid off..Am I able to keep them with out having to add them in...

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2 Lawyer Answers
Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: You are required to list all of your creditors. There is no provision in the U.S. Code or under Alabama law which prohibits you from paying a particular creditor, such as your family physician, orthodontist, etc for continuing services, so long as the payments do not take away from funds which could otherwise be paid to your other creditors. Even if a debt is discharged, you are not prohibited from later paying the creditor ( such as a family member). It is important, however, that you do not pay personal creditors like family members or a business partner ( an "insider") prior to filing a bankruptcy petition. The issue gets too complex to answer in this forum, so it is better that you discuss your situation in more detail with a qualified attorney.

Kevin M Ryan
Kevin M Ryan
Answered
  • Bankruptcy Lawyer
  • Loxley, AL
  • Licensed in Alabama

A: You should provide your attorney with a complete list of all of your debts.

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