What Bankruptcy Can and Cannot Do – Bankruptcy is a powerful tool for debtors, but some kinds of debts can’t be wiped out in bankruptcy.
Bankruptcy is good at wiping out credit card debt, but you may have trouble eliminating some other kinds of debts, including child support, alimony, most tax debts, student loans, and secured debts.
What Bankruptcy Can Do
If you are facing serious debt problems, bankruptcy may offer a powerful remedy. Here are some of the things filing for bankruptcy can do:
Wipe out credit card debt and other unsecured debts. Bankruptcy is very good at wiping out credit card debt. Unless you have a special “secured” credit card, your credit card balance is an unsecured debt — that is, the creditor does not have a lien on any of your property and cannot repossess any items if you fail to pay the debt. This is precisely the kind of debt that bankruptcy is designed to eliminate. Besides credit card debt, you may have other unsecured debts, and bankruptcy can wipe these out as well.
If you file for Chapter 13 rather than Chapter 7, you may have to pay back some portion of your unsecured debts. However, any unsecured debts that remain once your repayment plan is complete will be discharged.
Stop creditor harassment and collection activities. Bankruptcy can stop creditor harassment, but if the “harassment”‘ is simply phone calls and letters, there are simpler ways to stop it. If the harassment is more serious — for instance, if the creditor is about to repossess your car or foreclose your mortgage — bankruptcy can help.
Eliminate certain kinds of liens. A lien is a creditor’s right to take some or all of your property and will survive bankruptcy unless you invoke certain procedures during your bankruptcy case.
What Bankruptcy Can’t Do
Here’s what bankruptcy cannot do for you:
Prevent a secured creditor from repossessing property. A bankruptcy discharge eliminates debts, but it does not eliminate liens. So, if you have a secured debt (a debt where the creditor has a lien on your property and can repossess it if you don’t pay the debt), bankruptcy can eliminate the debt, but it does not prevent the creditor from repossessing the property.
Eliminate child support and alimony obligations. Child support and alimony obligations survive bankruptcy — you will continue to owe these debts in full, just as if you had never filed for bankruptcy. And if you use Chapter 13, your plan will have to provide for these debts to be repaid in full.
Wipe out student loans, except in very limited circumstances. Student loans can be discharged in bankruptcy only if you can show that repaying the loan would cause you “undue hardship,” a very tough standard to meet. You must be able to show not only that you cannot afford to pay your loans now, but also that you have very little likelihood of being able to pay your loans in the future.
Eliminate most tax debts. Eliminating tax debt in bankruptcy is not easy, but it is sometimes possible for older debts for unpaid income taxes. There are many requirements to be met, however.
Eliminate other nondischargeable debts. The following debts are not dischargeable under either Chapter 7 or Chapter 13 bankruptcy:
- debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case
- debts for personal injury or death caused by your intoxicated driving, and
- fines and penalties imposed for violating the law, such as traffic tickets and criminal restitution.
If you file for Chapter 7, these debts will remain when your case is over. If you file for Chapter 13, these debts will have to be paid in full during your repayment plan. If they are not repaid in full, the balance will remain at the end of your case.
In addition, some types of debts may not be discharged if the creditor convinces the judge that they should survive your bankruptcy. These include debts incurred through fraud, such as lying on a credit application or passing off borrowed property as your own to use as collateral for a loan.
Mandatory Disclosures in Bankruptcy
Every bankruptcy lawyer is required to make certain mandatory disclosures to clients seeking to file bankruptcy. These disclosures are intended to allow those seeking bankruptcy to make a fully informed decision about bankruptcy and its viability as a potential debt relief solution.
NOTICE NO. 1 Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy CodeUnder federal law, individuals businesses are able to file for: • Chapter 7 Bankruptcy: A type of bankruptcy that results in a liquidation of nonexempt property and discharge of certain unsecured debts. • Chapter 11 Bankruptcy: A business bankruptcy that allows for businesses to reorganize their debts and discharge certain remaining debts after an established repayment period. • Chapter 12 Bankruptcy: This is a type of bankruptcy typically available for family farmers who need financial relief from overwhelming debt. • Chapter 13 Bankruptcy: This is where a debt repayment plan is created that will allow the debtor to repay his or her debts over a three to five year period and discharge certain remaining debts. In all these cases attorneys fees are charged as well as filing fees from the Bankruptcy Court. Any person who knowingly and fraudulently hides assets or makes false states under oath is subject to a fine and/or imprisonment. Under federal bankruptcy law, you must seek out the services of a credit counseling agency. This agency can help you create a budget, advise you about proper money management techniques and provide educational materials and workshops.
NOTICE NO. 2 Notice Mandated By Section 527 Of The Bankruptcy CodeNOTICE OF
Mandatory Disclosures in Bankruptcy
Every bankruptcy lawyer is required to make certain mandatory disclosures to clients seeking to file bankruptcy. These disclosures are intended to allow those seeking bankruptcy to make a fully informed decision about bankruptcy and its viability as a potential debt relief solution.
NOTICE NO. 1 Notice Mandated By Section 342(b)(1) and 527(a)(1) Of The Bankruptcy Code
Under federal law, individuals businesses are able to file for:
- Chapter 7 Bankruptcy: A type of bankruptcy that results in a liquidation of nonexempt property and discharge of certain unsecured debts.
- Chapter 11 Bankruptcy: A business bankruptcy that allows for businesses to reorganize their debts and discharge certain remaining debts after an established repayment period.
- Chapter 12 Bankruptcy: This is a type of bankruptcy typically available for family farmers who need financial relief from overwhelming debt.
- Chapter 13 Bankruptcy: This is where a debt repayment plan is created that will allow the debtor to repay his or her debts over a three to five year period and discharge certain remaining debts.
In all these cases attorneys fees are charged as well as filing fees from the Bankruptcy Court.
Any person who knowingly and fraudulently hides assets or makes false states under oath is subject to a fine and/or imprisonment.
Under federal bankruptcy law, you must seek out the services of a credit counseling agency. This agency can help you create a budget, advise you about proper money management techniques and provide educational materials and workshops.
NOTICE NO. 2 Notice Mandated By Section 527 Of The Bankruptcy Code
NOTICE OF MANDATORY DISCLOSURE
All statements and disclosures made in the petition or the bankruptcy case must be complete, truthful and accurate.
When filing for bankruptcy, any and all liabilities and assets must be completely and accurately disclosed. The replacement value of those items must also be provided where requested after a reasonable inquiry.
You must also state your current monthly income.
Section 527(b) Of The Bankruptcy Code states:
“If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.”
These disclosures also cover the rules for filing bankruptcy and the requirements of the person filing for bankruptcy including which information you need to provide and the fact that all information must be complete and accurate. They also explain your rights with regard to choosing to hire a bankruptcy attorney or bankruptcy petition preparer.