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What are the debts that can be discharged in a bankruptcy?

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Answered 2007-02-02 02:12:17

Basically, most UNsecured types of debts (there are some exceptions I believe, primarilary Student Loans), may be relieved. Compensatingly, most above the basic need assets can be seized and sold to pay as much of the debt as possible. Secured lenders (who frequently have a clause essentially allowing them to do so if you file bankruptcy) may be able to take the item of security. * Basically in a chapter 7, all unsecured debts, credit cards, promissory notes, etc., any debt that does not have collateral attached; judgments such as wage garnishments, liens that have not been perfected, student loans that are not federally funded. Goods purchased on merchant accounts are secured by the item bought this type of debt is usually settled by the debtor paying the depreciation amount. All secured debts (real property), child support arrearages, federally funded student loans, most (not all) tax arrearages, and in some instances spousal support (alimony) cannot be discharged.

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Related Questions

How do you know if your bankruptcy is discharged on your credit report?

Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.

What does it mean for a bankruptcy to be discharged?

You may be referring to the discharge of debts in bankruptcy. Not all debts can be discharged. Most discharged debts are partially discharged in Chapter 11 and Chapter 13 actions. Debts or the portions thereof that are discharged no longer exist at law and creditors no longer can attempt collection. It is a "fresh start". You attorney can advise you as to which debts are likely to be discharged, which ones reorganized, and which debts will likely not be discharged.

Can discharged items that were included in a bankruptcy be listed as discharged in bankruptcy on your credit report?

Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.

Can a spouse be reimbursed for debts that were discharged in bankruptcy as part of the dissolution of marriage terms?

Not if the debts were actually discharged in the bankruptcy. In regards to the cost of the bankruptcy if the couple were still legally married then that too is not recoverable.

Can priority debts be included in bankruptcy?

You don't have a choice, ALL debts must be included in your bankruptcy petition. Oh, also, priority debts cant be discharged in a bankruptcy.

I had traffic tickets from 7 yrs ago that were sent to collections C O of the court I filed for Chapter 7 Bankruptcy those debts were discharged under the bankruptcy do I still owe the debts?

If tickets were discharged after filing for bankruptcy then someone would not owe on these debts.

If your bankruptcy has been discharged but your house is still in your name do you still have to pay back taxes?

A bankruptcy is not discharged. Debts are discharged. Real estate taxes are a lien on the real estate and would not usually be discharged. Talk to your bankruptcy layer.

Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?

A bankruptcy is not discharged. Debts are discharged. An adversarial action can be filed if the case has not been closed, or if closed, reopened.

After bankruptcy are you still liable for old debts?

It depends on which debts are discharged in your bankruptcy. There are several types of debts, such as student loans, which consistently persist through bankruptcy. Moreover, you may be liable even for debts that traditionally are discharged, such as credit card debts, where there is even of bad faith and manipulativeness on your part, i.e. you racked up thousands in credit card debt in the days before filing for bankruptcy.

What does it mean to have a bankruptcy discharged?

It means that your debts have been discharged. Although you "technically" still owe those debts, creditors can't take any legal measures to collect those debts.

When does a bankruptcy appear on one's credit report i.e. when the bankruptcy petition is filed or when the debt is officially discharged?

When it is filed. A discharge may be opposed by a creditor and there may be listed debts that cannot be discharged, or unlisted debts that may be discharged, so the "discharge" date is irrelevant.

Do you have to list recently accrued debt after filing bankruptcy?

Debts incurred after a bankruptcy is filed cannot be added to the BK and therefore would not be discharged. Any debts not discharged in a bankruptcy are subject to collection by any means available to the creditor under the laws of the state where the debtor resides,

Can you go bankrupt on a child support debt?

No - child support debts are not discharged in bankruptcy.

What are tax implications of debt discharged in a chapter THIRTEEN bankruptcy?

Unless it is a tax debt, none. Discharged debts are not income to the debtor.

What does a bankrupt discharge?

The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; j. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts.

What is dismissed versus discharged in regards to bankruptcy?

Discharged indicates the bankruptcy has been found valid and the debts that were allowed to be included in the BK have been expunged, (discharged and closed are two different matters). Dismissed means for some reason(s) the bankruptcy filing was not considered valid and the BK petitioner's debts will remain collectible by whatever means the creditor chooses including a lawsuit.

If you have already filed bankruptcy but have not been to your hearing yet can you add a medical bill that has just happened to the bankruptcy?

No, only pre-petition debts may be discharged in a bankruptcy.

If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?

They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.

If a spouse files for bankruptcy in a community property state and debts are discharged can the other spouse be held responsible for the discharged amounts?

Maybe; see a lawyer.

Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?

If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.

Do you have to list all debts in a bankruptcy?

Absolutely. This does not mean that all your debts will necessarily be discharged in a bankruptcy proceeding (such as student loans, judgments, etc) but you need to list all types of incomes, debts and any other relevant financial information.

Can an individual still get debts discharged under the new bankruptcy laws?

The act also continues to permit debtors to have their debts discharged, after compliance with the statute, and to possess a not-insignificant amount of assets upon termination of the proceeding.

Will an eviction still show up on your credit report after a bankruptcy?

Why not? All debts are discharged, but any other actions, such as evictions, are not affected. And the fact of being discharged in bankruptcy can stay on your credit report for 10 years.

Can you file chapter 13 on a land contract?

A bankruptcy (either 13 or 7) is filed by a person and is to include ALL debts, not a particular contract. You should speak with a bankruptcy lawyer to find out if you qualify and what debts would be discharged or reorganized under a bankruptcy.

Can debts be added to a discharge bankruptcy chapter13?

Yes, Your debts can be added to a discharged bakruptcy.Bankruptcy can be very useful and effective in resolving financial problems in certain issues.