Discharging Your Debt
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The main draw of filing for bankruptcy is having your debts discharged, or eliminated. What you need to know before you rush into a bankruptcy filing is that not all debts can be discharged. Depending on the type of bankruptcy you file — most people use either Chapter 7 or Chapter 13 — and what debts you owe, you might be able to satisfy all, most, some, or only a portion of your debts through bankruptcy.
Are you wondering if you should seek bankruptcy to discharge your debts? Come to Sapinski Law Office, S.C. and talk to an Appleton bankruptcy lawyer from my firm. It is my goal to make certain you understand bankruptcy and your options throughout your case. Each step we take towards a debt free future should be one you decide is right.
Contact me to learn more about bankruptcy and debt discharges.
What Debts Cannot Usually Be Discharged?
Despite the 2005 Federal Bankruptcy Abuse Prevention and Consumer Protection Act, it is still relatively easy to file bankruptcy if you seek the help of an experienced bankruptcy attorney. That does not mean, however, bankruptcy is still a process that everyone can use or should use. There are several types of debts that usually cannot be discharged, no matter your financial standing. If the majority of your debt is not dischargeable, you might determine bankruptcy is not your best choice.
Types of debt that are unlikely to be discharged in a bankruptcy case are:
- Student loans: It is notoriously difficult for student loan debts to be discharged. The 2005 U.S. Bankruptcy Abuse Prevention and Consumer Protection Act expanded the non-dischargeability of student loans to include both public student loans and private loans.
- Tax debts: Whether or not you can discharge tax debt often relies on the year in which the debt was first created, when you file for bankruptcy, when the tax was assessed, whether the taxing authority has a lien and other factors. It can be a challenge to discharge tax debts, but it is possible with the guidance of an Appleton bankruptcy lawyer from my firm.
- Fraud: Lying on a loan application or misleading a creditor may result in you having to pay the creditor back after bankruptcy. You may also be accused of fraud if you make excessive charges on credit cards prior to bankruptcy. The idea is that if these charges were easily discharged, it would dangerously encourage people in debt to run-up their credit card balances before bankruptcy.
- Domestic support obligations: When a family law court orders child support to be paid to your child’s mother or father, you must do everything you can to meet that obligation. If you file for bankruptcy, any child support or maintenance obligations will continue to exist after the bankruptcy.
The right time to see if bankruptcy can discharge your debt is today. Go ahead and contact me by dialing (888) 298-1041. I would be happy to discuss your options during a no-cost case evaluation.
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