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What Can Bankruptcy Do For Me?
What Can Bankruptcy Do For Me?

Which of my debts will not disappear via Chapter 7 bankruptcy?

On Behalf of | May 18, 2018 | Chapter 7

Chapter 7 bankruptcy could allow you to wipe out a lot of debt if you can get approved for the process. However, there are certain types of debt that you probably won’t ever be able to legally walk away from. What follows is the short list of debts that tend to be immune from the Chapter 7 process. If the vast majority of your debt happens to fall into one of these categories, it’s highly likely that you won’t be able to make it disappear:

Student loans: Education loans tend to be exempt from the bankruptcy process and it doesn’t matter if they’re federal loans, private loans or direct loans from the educational institute. In rare cases, people with an extreme need — such as a permanently disabled person — may be able to eliminate this kind of debt.

Secured debts: A secured debt is usually a high-dollar asset bought with a loan, or a loan that was given and secured with a piece of property as collateral. This might be jewelry, an automobile or an expensive piece of machinery. Usually, you’ll have two options: Pay off the loan or forfeit the property you received.

Alimony and child support: Alimony payments and child support payments owed will fall into the category of lifetime debt.

Court-ordered restitution payments: If a court orders you to pay someone relating to a personal injury or financial loss, you will not be able to dissolve this debt through bankruptcy.

Income taxes owed: There are very few circumstances in which you can wipe out back-taxes. You will probably have to pay these no matter what.

If you want to qualify for Chapter 7 proceedings, make sure you understand what kind of debt you will be able to dissolve and what kind of debt will follow you after the bankruptcy concludes. In some cases, even if you can’t dissolve all of your debts, getting rid of a significant portion of it will free you up to pay off the remaining debt more effectively.

Source: Bankrate, “Debts that can’t be wiped out in bankruptcy,” Justin Harelik, accessed May 18, 2018

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