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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18388
Experience:  B.A.; M.B.A.; J.D.
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Are contractual agreements that a debt cannot be discharged

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Are contractual agreements that a debt cannot be discharged in bankruptcy enforceable? (excluding domestic support or those pursuant to divorce decree). Specifically, there are two paragraphs in a contract that the debtor has with a legitimate bank that prohibit bankrupting the subject debt and require the debtor to pay attorney fees and court costs if the creditor has to defend themselves in bankruptcy court. Are these parts of the contract enforceable?
Thank you for your assistance
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 3 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


Are contractual agreements that a debt cannot be discharged in bankruptcy enforceable? (excluding domestic support or those pursuant to divorce decree). Specifically, there are two paragraphs in a contract that the debtor has with a legitimate bank that prohibit bankrupting the subject debt and require the debtor to pay attorney fees and court costs if the creditor has to defend themselves in bankruptcy court. Are these parts of the contract enforceable?
Thank you for your assistance



Response: No, those agreements are not enforceable because you cannot waive your rights to the benefits provided by the Bankruptcy Code.

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