Why Pay Some Creditors Back After Filing Bankruptcy?

October 26, 2011 by  Filed under: Bankruptcy 

Since the economic meltdown of 2008, there have been an increasing number of individuals filing for bankruptcy. In the past, many people avoided filing bankruptcy and use it as a last resort because they feel that need to pay back their debts. Although many today don’t have that luxury there are many situations that would make it advantageous for the debtor to pay back some of their creditors after the bankruptcy discharge.

Most normal folks don’t understand what they can or can’t do after a bankruptcy filing. There are many who believe it is illegal to pay someone back after the discharge. Then there are the few that get threatened by a previous creditor that was discharged in bankruptcy and feel the need to continue paying them. The truth is, once the debt is discharged in a bankruptcy filing, the debtor is no longer responsible for any of the debt. A bankruptcy discharge is a permanent statutory injunction that prohibits any creditor from taking action, including a lawsuit, while attempting to collect on a debt that was discharged in a bankruptcy filing. The creditor can be sanctioned by the bankruptcy court for violating the injunction that could include a fine for civil contempt.

Where an individual really needs to do some soul-searching as in the case of the debt from a friend, family member or employer that was discharged in the bankruptcy. They are not required to pay the debt back after filing for bankruptcy, but if they want to have any relationship with a family member or friend, they should work something out.

In the case of a debt that was owed to an employer and discharged in bankruptcy, it also would probably be a good idea. The bankruptcy law is very explicit of any discrimination of debtors by private employers or even government agencies. A private employer or agency cannot discriminate against a person filing for bankruptcy, because the employer’s debt was discharged in the debtor’s bankruptcy filing. These bankruptcy discrimination laws include, terminating the employee, any kind of discrimination against hiring or promotions, suspending the employee, not allowing the debtor to renew a license, a franchise or anything comparable. These are strong words protecting the debtor filing for bankruptcy that the employer may not discriminate against the employee based solely on the bankruptcy filing. Even though the bankruptcy laws very explicit about discrimination, it would be a good idea to continue paying the employer back the money owed. They could be as simple as the employer needs to lay off three employees if the debtor is more experienced but would probably be the first to go. It would be very hard to prove that this was a case of discrimination and not just economic downsizing.

Filing bankruptcy wields a lot of power and the debtor needs to remember if they want to keep relationships with family members and friends, even though they don’t have to pay them back, it would be in their best interest. The debtor should discuss the matter with their bankruptcy attorney to get some feedback. The best thing to do is put yourself in the creditor’s shoes and ask yourself, how would you feel if your friend didn’t pay you back?

The author started DebtFreeBankruptcyAttorney.Com which is a website that helps individuals with debt problems by putting them in touch with a local bankruptcy attorney that specializes in filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy. Check our website for more answers to bankruptcy questions and ideas on how to have a debt free future.

Article Source:

Speak Your Mind

Tell us what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!

You must be logged in to post a comment.

Prev Post:
Next Post: