Although most people choose to list all of their dischargable debt in a bankruptcy filing, you are not obligated to do so.
A person may repay as many dischargeable debts as desired after filing a Chapter 7 case. By repaying one debt, a person does not become legally obligated to repay any other debts.
The only dischargeable debt that a person is legally obligated to repay is one for which the person and the creditor have signed what is called a "reaffirmation agreement." There are specific qualifications for this agreement to be valid.
- If the person was not represented by an attorney in negotiating the reaffirmation agreement with the creditor, the reaffirmation agreement must be approved by the court to be valid.
- If the person was represented by an attorney in negotiating the reaffirmation agreement, the attorney must file the agreement and other required documents with the court in order for the agreement to be valid.
If a dischargeable debt is not covered by a reaffirmation agreement, the person filing is not legally obligated to repay the debt, even if the person has made a payment on the debt since filing the Chapter 7 case, has agreed in writing to repay the debt, or has waived the discharge of the debt in a waiver that was not approved by the bankruptcy court.
Steffens Law Office Can Protect Your Rights
Debt collectors often engage in questionable tactics when a debtor files for bankruptcy. Steffens Law Office can advocate for your interests and protect your legal rights throughout the bankruptcy process. This will allow you to get the fresh start you deserve. Call today to learn more.