Whether you file for Chapter 7 or Chapter 13 Bankruptcy, there are certain debts that can be discharged, or in other words, your responsibility to pay them can be eliminated. That being stated, there are other debts that are not dischargeable in a bankruptcy, so you will still be liable for them even after your bankruptcy is complete. If you want to learn about The Discharge in Bankruptcy and the debts that can’t be eliminated in a bankruptcy proceeding, contact an Attorney from The Law Offices Of R.J.Atkinson for a free initial consultation.
Depending on what type of Bankruptcy is filed can determine what debts can be discharged, or eliminated in the Chapter of Bankruptcy Filed. However, there are some debts that can’t be discharged no matter what Chapter of Bankruptcy is filed.
- In a Chapter 7 Bankruptcy the following Debts cannot be discharged:
-
- Debts or creditors not listed on the schedules filed at the outset of the case;
- Domestic Support Obligations;
- Student loans, unless the repayment would cause the debtor undue hardship;
- Fines, Penalties, and Restitution;
- Certain Federal, State, and Local Taxes ;
- Court Fees;
- Debts not Dischargeable in a previous Bankruptcy;
- Debts incurred from Fraud or Misrepresentation;
- Debts resulting from driving while intoxicated;
- Debts Successfully Objected to by a Creditor;
- Debts from willful and malicious acts;
- Debts from embezzlement, larceny, or breach of fiduciary duty; and
- Some Debts incurred within sixty days before filing which go to include certain cash advances and luxury item purchases;
- In a Chapter 13 Bankruptcy the following Debts cannot be discharged:
-
- Domestic Support Obligations;
- Debts or creditors not listed on the schedules filed at the outset of the case;
- Criminal Penalties, Fines, and Restitution;
- Certain Federal, State, and Local Taxes ;
- Debts resulting from driving while intoxicated;
- Debts from willful and malicious acts;
- Student loans;
- Debts incurred from Fraud or Misrepresentation;
A Chapter 13 Bankruptcy discharge affects only those debts provided for in the Chapter 13 repayment plan. Additionally, there are some exceptions to a Chapter 13 Bankruptcy discharge which include claims for spousal, child support, & other domestic support obligations; student & educational loans; debts associated with drunk driving liabilities; criminal penalties, fines, and restitution obligations; and other long term obligations, such as car payments, home mortgages, homeowner association dues, that extend beyond the term of the plan.
Do you need more information on what debts are dischargeable in a bankruptcy?
If you need to obtain debt relief or a fresh financial start, bankruptcy may be an option to help you get rid of your debt, reduce your debt, or reorganize your finances. Bankruptcy is often a mystery to most people because it’s not a regular everyday occurrence. Although they may occasionally hear about bankruptcy in the media, most people in Texas consider filing bankruptcy when they are facing some type of financial emergency or the have had chronic debt problems which need to be addressed. Some debts cannot be discharged in a bankruptcy proceeding so it makes sense that the decision to file for bankruptcy is one that should be weighed after knowing the facts about The Bankruptcy Process.
If you need immediate debt relief or are facing a financial problem that requires immediate attention, bankruptcy might be an option. To see if filing bankruptcy is an option for you, contact the Texas Bankruptcy Lawyers at The Law Offices Of R.J.Atkinson for a free bankruptcy evaluation.
Whether you live in Houston, Austin, San Antonio, Dallas, Waco, Plano, Sherman, New Braunfels, or most anywhere in the State of Texas contact the Texas Bankruptcy Lawyers at The Law Offices Of R.J.Atkinson. An experienced Texas Bankruptcy Lawyer can help you decide if filing bankruptcy is the best option for you to get rid of your debt, significantly reduce your debt, or reorganize your debt. We can answer your questions as to what debts are dischargeable in bankruptcy as well as explain what debts can’t be eliminated in bankruptcy.
Bankruptcy Lawyer | Bankruptcy Attorney | Bankruptcy Law Firm | Debt Relief
Austin ⁞ Dallas ⁞ Houston ⁞ San Antonio ⁞ Waco ⁞ Plano ⁞ Texas Bankruptcy
Get Bankruptcy Help Today ⁞ Call the Texas Bankruptcy Attorneys: 800-436-9056