Which debts are discharged in bankruptcy?

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Which debts are discharged in bankruptcy?

The most common debts that you may get rid of are:

(1) utility bills

(2) some court judgments

(3) credit and charge card bills

(4) department store and gasoline company bills

(5) loans from family and friends

(6) newspaper and magazine subscriptions

(7) legal, medical and accounting bills,

(8) most unsecured loans (e.g., debts for which there is no collateral)

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How are debts classified in bankruptcy?

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How are debts classified in bankruptcy?

Debts are divided into two categories: dischargeable and non-dischargeable. Dischargeable debts are those that the debtor is no longer personally liable to pay after the bankruptcy proceedings are concluded. Non-dischargeable debts are those that are not canceled because of the bankruptcy proceeding. This means that you are still responsible for paying, whether you declare or do not declare bankruptcy.

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What is a discharge in bankruptcy?

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What is a discharge in bankruptcy?

A “discharge” in bankruptcy means that you are legally free and clear of any obligation to repay certain debts; they are gone. The creditor no longer has any right to collect that debt. The debtor no longer has any obligation to repay it.

The timing of the discharge varies, depending on the chapter under which you file. In a Chapter 7 bankruptcy, for example, you normally receive a discharge just a few months after the petition is filed. In a Chapter 13 bankruptcy, the discharge typically occurs when you have successfully finished the payments you agree to make under your plan.

(Reviewed 11.14.08)

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Can my bankruptcy case ever be reopened?

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Can my bankruptcy case ever be reopened?

Yes, your case can be reopened in order to take care of new matters that crop up after the case. For example, if you receive an inheritance, a life insurance payout, or a divorce settlement within 180 days after filing, your case might need to be reopened to administer those assets. You might want to reopen the case to obtain an order discharging a debt when a creditor keeps pursuing you. The trustee might seek to reopen the case if it becomes apparent that you lied on your petition, omitted or concealed property, and so forth.

(Reviewed 11.14.08)

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And what debts are not washed out?

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And what debts are not washed out?

Congress has determined that the following types of debts are not dischargeable for public policy reasons (e.g., the nature of the debt or the fact that the debts were incurred due to the debtor’s improper behavior):

(1) taxes (subject to specific time rules), government fines, penalties

(2) spousal support (alimony)

(3) child support

(4) all student loans

(5) secured debts

(6) personal injury damages arising from driving while drunk

(6) debts from fraud, larceny, embezzlement

(7) punitive damage claims for “willful and malicious” acts (e.g., assault, libel)

(8) debts not listed on your bankruptcy papers (although this depends on the law in the federal circuit court jurisdiction)

To the extent that these types of debts are not fully paid in the Chapter 7 case, you are still responsible for them after the bankruptcy case has concluded.

Debts for last-minute purchases of luxury goods or services – or taking out cash advances on a credit card just before bankruptcy – are also non-dischargeable.

Another class of debts or claims (called “liens”) that are backed by property also survive (see the discussion of liens in next page).

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Are all debts discharged in a business bankruptcy? If not, which ones are not?

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Are all debts discharged in a business bankruptcy? If not, which ones are not?

No debts are discharged in a corporate Chapter 7 bankruptcy. That’s because all of the business’s assets are distributed to creditors.

(Reviewed 11.10.08)

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Heck, if lots of folks and companies go into bankruptcy, why shouldn’t I?

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Heck, if lots of folks and companies go into bankruptcy, why shouldn’t I?

Bankruptcy is not something that should be entered into just for the heck of it. Some of your debts might not be dischargeable, and you might have to give up some of your assets if you file. Very often there are intelligent alternatives to bankruptcy that may produce a far better result than going into bankruptcy.

Bankruptcy also goes on your credit records, and may make it difficult to obtain new credit for years.

Before anyone files for bankruptcy he or she should consult with a bankruptcy lawyer. There are critically important issues as to timing and disclosure that you had better address before, not after, you file for bankruptcy.

(Reviewed 11.4.08)

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Can all debts be discharged in bankruptcy?

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Can all debts be discharged in bankruptcy?

No. That is why it is so important to consult with a bankruptcy attorney. Depending on your circumstances bankruptcy may or may not make sense for you. If after the bankruptcy you will be no better off then you were before, why do it?

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Suppose the bankrupt committed fraud – would the debts be discharged in bankruptcy?

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Suppose the bankrupt committed fraud – would the debts be discharged in bankruptcy?

No. The Bankruptcy Code has long prohibited debtors from discharging liabilities incurred on account of their fraud, carrying forth a basic policy of affording relief only to an “honest but unfortunate debtor.”

Congress did not favor giving perpetrators of fraud a fresh start (by allowing them to wipe out their debts in bankruptcy) over the interest in protecting victims of fraud when it wrote the Bankruptcy Laws. Accordingly, Section 523(a)(2)(A) of the Bankruptcy Code excepts from discharge in bankruptcy “any debt . . . for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by . . . false pretenses, a false representation, or actual fraud.” 11 U.S.C. § 523(a)(2)(A).

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What debts are not discharged by bankruptcy?

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What debts are not discharged by bankruptcy?

Not all debts are discharged. In general, liens (such as mortgages and security interests in cars) are non-dischargeable as are some other types of obligations including:

(1) Federal, state and local tax claims (subject to specific time rules)

(2) Customs duties

(3) Spousal support

(4) Child support

(5) Most student loans

(6) Secured debts

(7) Fines and penalties imposed by government agencies

(8) Debts incurred due to false statements made with the intent to deceive

(9) Fraud committed in a fiduciary capacity, such as embezzlement or larceny

(10) Punitive damage claims for “willful and malicious” acts

(11) Debts not listed on the forms and schedules filed with the Court

(12) Drunk driving obligations

A non-dischargeable debt is one that will survive the bankruptcy proceeding. The debtor still has the obligation to pay this debt; the creditor has every right to collect.

That is why it is so important to consult with a bankruptcy attorney. Depending on your circumstances bankruptcy may or may not make sense for you. If after the bankruptcy you will be no better off then you were before, why do it?

(Reviewed 11.5.08)

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