Debt can be soul-crushing. Those who wake up every morning facing the uncertainties thrust upon them by financial challenges may be on the lookout for debt relief options, but may not know which route is best for them. These individuals might benefit from discussing their difficulties with a legal professional who can discuss the options available. With that being said, our law firm hopes that this blog, while not providing legal advice, can help shed some light on debt relief options and leave our readers better educated.
Many of our readers are familiar with Chapter 7 bankruptcy. This type of bankruptcy, also known as liquidation, allows a debtor to discharge debt after certain assets are sold and the proceeds of those sales are used to pay creditors. Though any remaining debt held by many creditors is then forgiven and certain exemptions allow a debtor to keep some property, there are certain debts that remain even after the Chapter 7 process is completed.
There are many types of debt that do not qualify for discharge. Perhaps one of the biggest forms of debt that cannot be discharged is student loans. These loans can only be discharged if undue hardship can be shown, which can be quite difficult. Also non-dischargeable is child support, alimony, taxes, court fees, debt owed to personal injury or wrongful death plaintiffs, and debts that were not discharged in a previous bankruptcy.
Depending on an individual’s specific circumstances, knowing the above information could change whether Chapter 7 bankruptcy is right for him or her. However, it does not mean that he or she is suddenly shut off from all debt relief options. Therefore, those with questions about bankruptcy and how it might apply to their situation should consider contacting a legal professional.
Source: FindLaw, “Debts that Remain After a Chapter 7 Discharge,” accessed on Dec. 21, 2015