Legal Question in Credit and Debt Law in Florida

I was out of work and behind on my SHELL gas card. I have paid the bill taking me 2 years to complete payment and now they want the $35 a month late fee times many, many months. Now they want more than I owed them to start. Is there a way I can go bankrupt just against this company. I have paid everybody else although I was behind with everybody and now I am current with all my bills except SHELL.


Asked on 7/20/14, 10:32 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

You can not bankrupt select creditors. If you file bankruptcy you must list ALL debts/liabilities and ALL assets and income. I rarely recommend someone file bankruptcy over one debt.

As for the situation with Shell, first keep in mind, Shell is not likely the bank who is the guarantor of the card. It's probably an entity like GE Money Bank or Citi, or some other entity that you are actually dealing with. Of course that assumes they haven't sold it to some third party debt collector like CACH, LVNV Funding, or Calvary. Unfortunately, when you started repaying the debt you should have entered into a settlement agreement with them that would have set the amount of repayment and hopefully negotiated a lower payoff for you. If that wasn't done then the collector is entitled to collect anything that contract and the law allows for them to collect.

You could probably negotiate with the collector a reduced payoff and start making payments toward that amount, but I would not suggest making any payments until you get the agreement in writing.

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Answered on 7/23/14, 5:26 am


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