Which Debts Remain Unforgiven in Bankruptcy?

Bankruptcy can provide a fresh start for individuals struggling with overwhelming debt, but it’s important to understand which debts can and cannot be discharged. Chapter 7 bankruptcy is designed to eliminate most types of unsecured debt, such as credit card debt, medical debt, and personal loans. However, certain types of debt are not dischargeable, including student loans in most situations, some tax debt, and domestic support obligations like child support and alimony.

If you’re considering filing for bankruptcy, it’s essential to consult with an experienced bankruptcy attorney who can evaluate your individual situation and advise you on the best course of action. A bankruptcy lawyer can help you understand which debts can be discharged and which ones cannot, as well as any other potential issues that may arise during the bankruptcy process.

In addition to debts that are generally not dischargeable, the bankruptcy court may also order that certain debts should not be forgiven, usually due to fraud or presumptive fraud. Debts that are not properly listed on your bankruptcy filing may also not be discharged.

It’s worth noting that you may choose not to have certain debts discharged. For example, if you have a secured debt like a car loan, you may have the option to reaffirm the debt and keep the associated property. However, reaffirming a debt can have long-term financial consequences, so it’s crucial to discuss this option with an attorney before making a decision.

If you have debts that can’t be discharged in Chapter 7 bankruptcy, there may be other options available. For example, filing an adversary proceeding may allow you to challenge the dischargeability of certain debts, such as student loans or liens. Alternatively, Chapter 13 bankruptcy may be an option if you have certain types of debt that can’t be discharged in Chapter 7.

Ultimately, the decision to file for bankruptcy should be based on a careful evaluation of your financial situation and the types of debt you have. While bankruptcy can provide relief for certain types of debt, it may not be the best solution for everyone. If you’re struggling with overwhelming debt, it’s important to speak with an experienced bankruptcy attorney who can help you understand your options and guide you through the process. We have offices in Columbia, Greenville, and Florence. Phone and zoom consults are available.

- Stone Law Firm