I owe my mom money and I don’t want to include her in my bankruptcy.
You have to list all of your debts – including the money you owe your mom – in your bankruptcy petition. You also have to sign the petition under penalty of perjury, which means that if you don’t include mom in your bankruptcy case it could be dismissed and your discharge denied, plus you could end up facing criminal charges as well. So no matter how embarrassing it is, you are just going to have to list mom in your petition.
However, there are some options available to you regarding the money owed to mom.
If you file Chapter 7 and you receive a discharge, you no longer have the legal obligation to pay mom but there is no reason that you can’t voluntarily repay her if you so choose.
If you file a Chapter 13 you can’t pay mom while the case is ongoing, but if she is a co-signer on certain types of debt you might be able to propose a Chapter 13 plan that pays the debt in full and gets mom off the hook.
The attorneys at The Ballard Law Group have extensive experience in this type of situation and we offer a free initial consultation so that you can discuss the specifics of your case. Call us today at (404) 800-9939 to schedule your free initial consultation at either our Atlanta or Lawrenceville office.