By liquidating (Chapter 7) or restructuring (Chapter 13) debt, bankruptcy gives overburdened customers a chance to make a fresh start. The bankruptcy court is called “acquittal” of debts in both situations.
This means that debtors lose their right to take legal action against them, including to try to collect a debt or recover property.
Consumers can take a break and start improving their credit scores after filing for bankruptcy. What debts can and cannot be discharged in bankruptcy is a recurring question.
Giving debtors a “fresh start” in their financial lives by relieving them of onerous obligations is one of the primary goals of federal bankruptcy legislation passed by Congress.
Although society values second chances, bankruptcy is not the only option. Some debts cannot be discharged, while others are extremely difficult.
Hiring a lawyer who can advise you on bankruptcy can help you make the best choices for your particular situation.
Two different types of personal bankruptcy
What exactly is Chapter 7?
Chapter 7 may be your best bet if you don’t have enough income to cover your credit card debt, medical bills, utility bills, payday loans, or personal loans. The procedure will be completed in a few months, allowing you to start restoring your credit quickly.
You will have little or no debt when your Chapter 7 is discharged, and creditors may believe that you will be better able to repay your loans in the future.
A few months after filing for Chapter 7 bankruptcy, many people finance cars and are approached for unsecured credit. Also, two years after receiving your discharge from bankruptcy, you may be qualified to buy a home.
To find out if Chapter 7 is right for you, it’s best to check out best credit repair companies because you may not need bankruptcy. It is crucial to study the information and discuss the options with the lawyers.
What exactly is chapter 13?
A consumer debt restructuring plan known as Chapter 13 allows debtors to settle their commitments over three to five years with one affordable monthly payment.
The Chapter 13 bankruptcy option can help you regain control of your finances from creditors who repossess your car or seize your home.
With a court-approved repayment plan that you can afford, Chapter 13 allows you to pay off some of your debt. The remaining qualified debt is discharged after the repayment plan has been satisfactorily completed.
You will also be freed from the teasing of creditors since they have to suspend all collection efforts for the entire repayment period.
For homeowners who want to keep their assets secured but have more equity than they can protect with their Ohio bankruptcy exemptions, or those whose income is too high to qualify for Chapter 7 bankruptcy, Chapter 13 bankruptcy is sometimes the best option.
You need to have a steady source of income and a little extra cash to dedicate to your Chapter 13 payment plan to file for Chapter 13 bankruptcy.
Non-dischargeable debt in the event of bankruptcy
The purpose of Chapter 7 and Chapter 13 bankruptcy is to obtain a “discharge” from debts. If the bankruptcy court reverses these covenants, you will not be held personally liable as long as you file for bankruptcy.
Most consumer debt can be forgiven, including credit card debt and medical debt. However, some debts cannot be discharged in bankruptcy because they are not dischargeable.
These are debts that Congress has decided should not be forgiven by national policy.
Here are the 11 categories of non-dischargeable debt. In other words, even if you get your consumer debt discharged, creditors will still be able to collect on that type of debt.
Others will be released if a creditor does not dispute their ability to be released. Some non-dischargeable debts do not require a hearing.
You must provide evidence of unusual circumstances to obtain cancellation of non-dischargeable debts.
More than 1.4 million individuals filed for bankruptcy in 2011, significantly less than in 2010 (more than 1.5 million). This may mean that some Americans did not approve of the pardon, and some found an alternative.
Number of individuals and businesses that declared bankruptcy in the United States in 2010 and 2011
To continue to be non-dischargeable, other categories of non-dischargeable debt must be successfully contested by a creditor throughout the bankruptcy. At the hearing, the declarant of the bankruptcy and the creditor will have the opportunity to speak.
Nevertheless, the obligation will be terminated if the obligee does not object or if the court rejects its argument.
These debts are divided into three categories: those acquired dishonestly or under pretext; those suffered as a result of intentional and malicious damage to persons or property; and debts incurred from luxury credit card purchases totaling more than $650 that were made within 90 days of filing for bankruptcy and are owed to a single creditor.
Generally non-dischargeable debts
- Debts that were omitted from the bankruptcy petition unless the creditor was notified of the filing
- Several types of taxes
- Alimony or alimony
- Debts from a divorce or separation due to a child or an ex-spouse
- Penalties or fines due to government agencies
- Education Loans
- Debts for bodily injury caused by an impaired driving accident
- Debts associated with tax-advantaged pension plans
- Invoices from a condo or a housing cooperative
- Legal fees associated with child support or custody
- Criminal restitution, as well as other fines or legal sanctions
Alternatives to Bankruptcy for Debt Relief
Bankruptcy has adverse effects. You’ll have to wait ten years for the effects of a Chapter 7 bankruptcy to disappear from your credit records and seven years for those from a Chapter 13 bankruptcy.
This could make it more expensive or possibly impossible to get a credit card or borrow money in the future for things like a mortgage or car loan. It can also have an impact on the cost of your insurance.
It is important to research other debt relief alternatives before filing for bankruptcy. Negotiating with your creditors to lower your interest rates, get some of your debt forgiven, or extend the time you have to pay it off is often the first step to debt relief.
Since they will gain more from the deal than they would if you filed for bankruptcy, creditors generally benefit from the debt reduction.
You can use bankruptcy to get rid of debt from credit cards, medical bills, and collection calls.
Even the best-executed bankruptcy petition won’t always be enough to completely pay off your debts, including student loans and child support obligations.
A lawyer can explain the extent of the amount of debt discharged you will have.
They will describe the different types of debts and those that a Chapter 7 filing could not discharge. You will also get advice on how to manage these debts from your lawyer.