Clermont, FL Bankruptcy Law Firms & Lawyers

You do not have the option to limit the debts included in your bankruptcy. A bankruptcy filing MUST include ALL debts and ALL assets. Failure to include all debts and assets could result in a denial of discharge. As to the most appropriate chapter to file, that decision is a product of an analysis of your current financial situation and your goals. You should seek competent counsel to assist you in making that decision. This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.

You need to speak with an attorney as soon as possible. The first issue is whether the debt was discharged by your bankruptcy. If it was, then all of the current actions by the creditor are illegal. Having said that, if you enter into new contracts, you can be held bound by the new contracts. Make sure that you do not sign anything until you speak with an attorney.

Your plan is flawed. If you sell your home and use the money to pay relatives, the payments will be considered a "preference". The trustee of your bankruptcy case may demand that your relatives turn the funds over to the court so that they can be distributed evenly among all of your creditors. You might be better off to exempt the home in your bankruptcy if you are able and then sell the home after the bankruptcy is completed. You could then use the funds to pay whatever creditor you choose.