Which Debts Will Remain Post-Chapter 7 Bankruptcy Discharge?

Post-Chapter 7 Bankruptcy

Declaring bankruptcy can often feel like the end of a long road to financial recovery. While it can be a great way to start fresh and eliminate large amounts of debt, it’s important to remember that not all debts are dischargeable in a Chapter 7 bankruptcy. Let’s discuss what debts remain after filing Chapter 7 and receiving a Chapter 7 discharge.

The Non-Dischargeable Debts to Know

While most unsecured debts are eligible for discharge in bankruptcy, some debts are not dischargeable. These include debts for taxes, alimony, and child support, debts for most government-funded or guaranteed educational loans or benefit overpayments, and debts for personal injury or death caused by the debtor’s operation of a motor vehicle, vessel, or aircraft while intoxicated.

They can also include:

– Court fees

– Federal, state, or local taxes owed

– Any restitution, penalties, or fines imposed by the government

– Condominium dues/fees owed

– Any debts not initially listed when the case began, also known as “schedules”

The Basics of Your Chapter 7 Debt Discharge

A Chapter 7 bankruptcy discharge eliminates the debtor’s personal liability for certain debts. This means that creditors may no longer legally pursue the debtor for payment of the discharged debts. However, the discharge does not necessarily eliminate the debt itself.

Bankruptcy Does Not Erase Student Loans

Student loans are generally not dischargeable in bankruptcy, even in a Chapter 7 bankruptcy. The debtor may be able to request a hardship discharge, but the courts are reluctant to grant these requests.

How to Keep Secured Property

In some cases, a debtor may choose to keep secured property, such as a car or a house. To do this, the debtor must sign a document called a reaffirmation agreement. This document reaffirms the debtor’s obligation to pay the debt, and the creditor is allowed to pursue collection efforts against the debtor.

Has a Debt Discharge Been Denied?

In some cases, the court may deny a debtor’s request for a debt discharge. This may happen if the court finds that the debtor has committed fraud, failed to disclose assets, or violated the bankruptcy code.

Why a Debt Discharge Could Be Denied

The court may deny a debtor’s request for a debt discharge if the debtor has engaged in any of the following activities:

• Concealed assets

• Failed to keep or produce adequate records

• Destroyed or concealed documents

• Made false oaths or claims

• Failed to obey court orders

• Refused to answer questions

• Engaged in fraudulent transfers

• Committed acts of bankruptcy fraud

The Revoking of a Debt Discharge

In some cases, a debtor’s discharge may be revoked by the court. This may happen if the debtor commits any of the activities listed above or has failed to pay child support or

How You Can Reaffirm Your Debt

To reaffirm a debt, the debtor must sign a reaffirmation agreement with the creditor. This agreement must be approved by the court, and the debtor must meet certain requirements. These requirements may include providing proof of the debtor’s income and expenses, as well as evidence that the debtor can afford to make the payments.

Problems Arising from Reaffirming Debt

Reaffirming a debt can have a negative effect on the debtor’s credit score. Additionally, if the debtor fails to make the payments on the reaffirmed debt, the creditor can take action to collect the debt, including repossession of the secured property.

Other issues could include the debtor being liable for the debt even after the bankruptcy is discharged. Reaffirmation agreements can also be challenged in court if the debtor can prove that they were signed under duress.

How to Choose the Right Lawyer for Filing Chapter 7 Bankruptcy

There are a few things to look for in a lawyer when filing for Chapter 7 bankruptcy.

Knowledgeable

Look for an attorney who is knowledgeable about the bankruptcy process and familiar with the law. They should be able to answer any questions you have about the process and explain the various options available to you.

Experience

Experience is important when it comes to finding the right lawyer. Look for an attorney who has handled cases like yours before and can prove it.

Track Record of Success

Choose an attorney who has a successful track record of helping people get their debts discharged. The attorney should be able to provide you with evidence of past successes or show you similar cases they have worked on without compromising their clients’ privacy and privilege.

Communication

The attorney you choose should be able to keep you informed of the progress of your case. They should be able to answer any questions you have and provide you with timely updates.

Clear Process

The attorney you choose should be able to provide you with a clear and concise explanation of the process and the steps you need to take. They should be able to explain any potential risks or costs associated with the filing and help you understand the implications of filing for Chapter 7 bankruptcy.

Get Help Filing Chapter 7 From the Law Offices of Robert S. Brandt

If you’re considering filing for Chapter 7 bankruptcy, The Law Offices of Robert S. Brandt can help. We understand the complexities of bankruptcy law, and we’re here to answer your questions and work with you to find the best solution.

If you’re ready to take control of your legal situation, request a consultation with us today.

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