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!