Which Debts Survive a Bankruptcy Filing?

Although bankruptcy is a powerful tool for debtors, it does not wipe out all kinds of debt. Before you file for bankruptcy, make sure to do some research and figure out which debts can and cannot be wiped out. Some of the things filing a bankruptcy can do is get rid of all credit card debt and other unsecured debts, stop creditors from harassing you, and eliminate certain kinds of liens. However, the important information is what does not happen when you file for bankruptcy. Some of the most common debts that cannot be eliminated are:

1. Student Loans – These are loans that are taken out for schooling purposes. Whether it is federal student loans, loans directly from the school, or tuition assistance, these debts are exempt from elimination in bankruptcy. However, the exception to this is if you show that paying this loan will cause an exceeding amount of hardship. For example, you must show that not only will you be able to pay the loan now nor in the future at any point.

2. Secured debt – This is a debt where the creditor has a claim on your property or purchase and can take it back if you do not pay the debt. For example, if you purchase a vehicle or expensive piece of jewelry and then file bankruptcy, you are either going to have to give up the item or continue to pay the lender. This is because at the time of purchase, you agreed to pay for the item in exchange for the current use of the item. You cannot just keep the item but not pay for it.

3. Child support and alimony – Any money in the form of child support and alimony you owe to your ex-spouse or child cannot be eliminated by bankruptcy. Any remaining balance that was there at the time of the filing will remain and will need to be paid.

These are only a few of the many debts that cannot survive bankruptcy. In addition, even if a debt is said to be eliminated but your creditor convinces the judge otherwise, you will still be obligated to pay it. These include debts that are acquired through fraud, such as lying on a credit application. This is why it is so important to stay on top of everything and be informed so you know what exactly to do before getting stuck in a sticky situation.

(Visited 63 times, 1 visits today)