Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.