Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
The Bankruptcy court will not honor an agreement to not include any debt in a Bankruptcy.
So that means that if I file, it will be discharged with other debts?
This means that even if you sign an agreement waiving the right to discharge the debt in a Bankruptcy, you can still include that debt in a Bankruptcy.
Yes - even if you sign that agreement, you can still include the debt in a Bankruptcy.
Thank you. Do you happen to know the code to which this refers so I can have it for my records just in case?
This fact is not in the Bankruptcy Code. It comes from the fact that the right to file a Bankruptcy is included in the US Constitution, and is therefore a Constitutional right, similar to the right to vote. No court will enforce any agreement that signs away one's Constitutional right(s).
Makes sense, thanks.
And please have a pleasant day!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).