Daniel J. Winfree Attorney at Law
San Diego, California
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Can I Still Pay Some, Or All Of My Debt?

The answer is YES. The question is "WHY WOULD YOU WANT TO?"

First, the YES. The Bankruptcy Law specifically state that nothing within their provisions will prevent you from agreeing to liquidate any debt you may choose to liquidate. This typically requires the entering into an agreement with that creditor and filing that agreement with the Court. However, even without an agreement filed with the Court, you still are free to give your money to whomever you may choose, your creditors included. The difference is that now your creditors cannot force you to give your money to them. (And the people responded with an AMEN)


There are clearly good reasons to repay certain debt. GRATITUDE is probably the best. That loan from your friend, or your Aunt Marian, given to you when you needed money the most. Or that advance from your employer…(Certain practical considerations might also attach to this one),  or a student loan.

What must be avoided is maintaining a similar, sentimental perspective in regards to:

  • Your Credit Cards.  HO HO HO, Merry Christmas!!!
    Isn't it possible that you have repaid more than you ever borrowed and still owe more than you ever borrowed?
  • Your Medical Bills.
    After a day and a half of inpatient Services you owe more than you will earn in the next three years.
  • Old Car Loans.
    That doggoned dealership repossessed your car, and now they say you still owe them lots and lots of money. What? Did they sell your car to someone else for a dollar?
  • etc.

Paying your creditors is a good idea. But giving yourself a new chance to make ECONOMIC PROGRESS is a good idea, also. And the two considerations must be balanced against each other, giving yourself the benefit of the bargain.

Not all student loans can be discharged in Bankruptcy. There are certain criteria that must be established.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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