Chapter 7 Bankruptcy – Can I Include A 6 month Old Unsecured Personal Loan

How long must I have a unsecured personal loan before I can included it with my chapter 7? I have a personal loan that is just 6 months old. If I file chapter 7 can I include the unsecured personal loan that is 6 months old. I’m 72 years old and living on SS. I have several credit cards, medical bills and a loan from a mobile home which I gave back. They want me to pay the difference for what they sold the mobile home and what my original loan was. I don’t have the money to pay back the mobile home company. That is why I want to file chapter 7. If I can include the unsecured personal loan that would be good.

Answer: You will be able to include your unsecured personal loan in a chapter 7 bankruptcy, as a matter of fact, you MUST include that debt and any other debts that you have, you don’t have the option of picking certain debts to include. ALL debts and ALL assets must be included when filing a chapter 7 bankruptcy. It is entirely possible that your creditor may dispute a debt that you include, this is an issue that can have many variables and should be discussed with an experienced bankruptcy attorney as each creditor and claim is unique in its own way. Your situation sounds like a pretty forward chapter 7 case and a qualified bankruptcy lawyer would be of great assistance to you. Good luck with things.

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Re-Published from AVVO Legal Questions and Answers.