Attorney For Discharging Your Debts in Bankruptcy
Most people who file bankruptcy do so to discharge their debts. A discharge is a court order, which states that you do not have to pay a debt.
Some debts virtually cannot be discharged. For example, you typically cannot discharge debts for:
- Most taxes
- Child support
- Student loans
- Personal injury lawsuit judgments caused by driving under the influence of drugs or alcohol
Discharge of debts through bankruptcy only applies to debts that originated before your filing date. Additional restrictions on discharge can be put in place by a judge if evidence emerges that you have received funds or real property via fraud. Debts can only be discharged via Chapter 7 bankruptcy once in a period of eight years.
It is important to list all property and debts in your bankruptcy petition. If you do not list a debt, that debt may not be discharged.
The judge can deny your discharge if you do something dishonest in connection with your bankruptcy case, such as destroy or hide property, falsify records or lie, or if you disobey a court order.
Are You Looking To Protect Assets?
Even if a secured debt (a debt with the asset as collateral such as a mortgage loan or an auto loan) is discharged, the bank may still pursue repossession of the collateral if you do not pay the debt. That’s why Chapter 13 and its restructuring of debt and repayment plan can be a better option for preserving assets.
Contact Us To Learn More
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.