Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
What is meant by assigning the right to not file a Bankruptcy? (One cannot assign a right to not do something.)
Also, what is the 509 code you referred to?
Yes - please provide the paragraph you are referring to.
A debtor cannot waive his right to discharge debt in a Bankruptcy. If this were possible, many if not most, creditors would require this waiver, resulting in making Bankruptcy in general relatively ineffective.
In other words, you and/or your father can file a Bankruptcy, and you and/or your father should be able to have this debt discharged in that Bankrutpcy.
I think this is what you wanted to know. If not, please let me know.Thank you!
The right to file Bankruptcy is in the US Constitution - Article 1, Section 8, Clause 4.
Constitutional rights cannot be waived.
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