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How did you decide what to list as debt?

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    How did you decide what to list as debt?

    Did you list everything that could be discharchable or did you keep some of it off?

    I'm obviously listing all of the unsecured debt - credit cards, the mortgage and back property taxes etc. I have a couple of medical co-pays that are very small and I can probably pay and the water bill that is about a year and a half over due, but is only about $200 or so. There's a big part of me that doesn't want to list the water bill or the co-pays because I feel like I can pay them, and they are bills for things we actually used. I'm fairly convinced at this point that at least 90% of the CC debt we have is late payment, and over limit fees and outrageous interest. I've paid a significant portion back, but it keeps growing - I'll never get on top of it - hence the CH 7.

    Am I stupid for feeling guilty about putting discharchable debt on the list? On the one hand, we are really only talking about $250, that I really think I should pay... on the other hand, $250, is $250, KWIM?

    #2
    you cannot pick and choose what you list. You MUST list everything on your petition. After discharge you can always chose to pay back whomever you want.

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      #3
      I thought the same thing rrockinggramma - I listed that I owed my Dad $1500, but the attorney took it off, when I asked why, I was told I didn't have to list it.
      Petition Filed 6/4/07 :clapping:
      341 meeting 7/31/07 :clapping: :unsure:
      First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
      10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:

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        #4
        I don't think the utility bill or Dr. bill has to be listed. Otherwise, wouldn't I be listing all the outstanding monthly bills at that time? I don't plan on discharging my electric bill or gas bill.

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          #5
          Rrockinggramma is correct, you CAN NOT pick and choose. IMO, if you're behind on some utilities, you can work it out if you contact them. Your monthly expenses for utlities is not a debt. I think if you were faced with shut offs, that may be a different scenario. Doctor bills should be listed. As rrockinggramma pointed out, you can voluntarily repay any debt that was discharged. IT'S BETTER TO DO THIS RIGHT AND NOT CREATE ANY POTENTIAL PROBLEMS.
          Last edited by BassBoy; 11-26-2007, 12:04 PM.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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            #6
            I believe I misstated myself. If I decide to pay it, I'm just going to pay them before we file (attorney is holding off on filing at the moment to maximize time in the house), thus is won't be picking and choosing debt, since it will no longer be debt. It's not a "preferred creditor" issue because the amounts are well under the $ limits for that, and even if it wasn't, the preferred creditor thing is not my problem per my attorney. I'm talking about around $250 total. My question is really a matter of, do I discharge it just because I can, even though I feel guilty, or do I pay it because I feel like that's the right thing to do?

            Am I being silly for thinking it's wrong to discharge it?

            Comment


              #7
              Originally posted by kl030505 View Post
              I believe I misstated myself. If I decide to pay it, I'm just going to pay them before we file (attorney is holding off on filing at the moment to maximize time in the house), thus is won't be picking and choosing debt, since it will no longer be debt. It's not a "preferred creditor" issue because the amounts are well under the $ limits for that, and even if it wasn't, the preferred creditor thing is not my problem per my attorney. I'm talking about around $250 total. My question is really a matter of, do I discharge it just because I can, even though I feel guilty, or do I pay it because I feel like that's the right thing to do?

              Am I being silly for thinking it's wrong to discharge it?
              We all act in what we perceive to be our best interest. If you feel you should pay it then, that's your call.
              I would absoluetly pay the back water bill. Once you apply for new service, expect to pay a heck of a deposit if you discharge the debt in bk.

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