Filing for Chapter 7 bankruptcy is a complicated process, and you should be aware of certain details before making such an important decision. Although it does relieve you of some of your debts, others might not be that easy to get rid of. Certain debts are important to pay off, and the court does not allow you to have them waived.
Debts that cannot be eliminated through Chapter 7 bankruptcy include:
- Repayment of student loans.
- Child support and alimony.
- Fines or penalties that you have to pay to the government.
- Debts that result from having to pay someone compensation for your wrongdoing.
- Debt that you have to pay to a certain pension plan.
- Local, state or federal taxes that you owe.
- Debts that were not discharged when you applied for bankruptcy previously.
You must keep in mind these non-dischargeable debts when trying to figure out whether or not you want to file for Chapter 7 bankruptcy.
Some people think of filing for Chapter 7 bankruptcy in order to get rid of their student loans, but unfortunately, getting rid of student loans is very difficult. However, there are exceptions to this rule that you can use to get your educational loan discharged. If the court feels that paying off the loan will create hardships on the debtor, there is a chance it could be eliminated. But to qualify for this concession, the debtor must prove that making the payments is impossible for them. They must apply separately for a hardship discharge of educational loans before filing for Chapter 7 bankruptcy.
If you are thinking of filing for Chapter 7 bankruptcy, you might want to discuss your assets and debts with an experienced attorney. The attorney will go through your debts and evaluate which debts can be discharged.