I owe my employer money, do I have to list him in my bankruptcy?

Technically, we have to list every one of your creditors in the bankruptcy.  However, I cannot control who you voluntarily pay back after the case has been filed.

That being said, you may want to stop payments for a month or so until after we meet with the bankruptcy trustee just to make sure that he doesn’t have any awkward questions on why we are preferring this one creditor over all of the others.

For example, today I had a client who worked at a law firm that practiced family law.  Her employer had been providing legal services for her daughter’s divorce with the understanding that my client would pay those services back out of her paychecks for the next few years (divorce is expensive).  Technically, I could list the employer in the bankruptcy and seek a discharge of those debts, but the employer would have every right to fire my employee if he suffered a financial loss because of her actions.

This was a chapter 13 case where the chapter 13 trustee almost never allows direct payments to creditors like this one.  However, at the 341 meeting of creditors, the trustee asked my client if she would be fired if she stopped paying the debt back, and my client responded that she would lose her job.  I am certain that the trustee will turn a blind eye to this small repayment of legal fees that my client must make to keep her job.