Is it possible to create a promissory note that is non-dischargeable in the event of bankruptcy?

Question Details:

If so what needs to be included when creating the note?

Asked 11/23/2009 under Bankruptcy | 889 View(s) | More Legal Topics

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Bankruptcy Law Answers

No, it's not. If it was, everyone--especially all the banks--would do it, and bankruptcy would be meaningless.

What you could do is make it a secured note; you can have the debtor secure the note with an interest in some property of his or her, such as a home, a car, an RV, a boat, etc. That way, in the event of a bankruptcy, as a secured creditor, you will get priority and be in as good a shape as possible to get paid.

You can also hedge your bet by having other people guarantee or cosign the note, to have more people to proceed against for repayment.

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