Can all of my debts be eliminated by a bankruptcy?
Bankruptcy can eliminate some of your debts, but not all of them. Some types of debts aren't dischargeable, such as fraud-related debts. However, if you file for Chapter 13 bankruptcy, you'll get additional flexibility in dealing with your secured creditors.
Unsecured debt isn't a debt, you must repay under bankruptcy
Unsecured debt is debt that you owe but do not have collateral to repay. This type of debt usually includes credit card debt and personal loans. Secured debt, on the other hand, is backed by an asset such as your home or car. This means that if you fail to make the payments on your unsecured debt, the lender cannot repossess or foreclose on your property to recover the debt.
Because unsecured debt has no collateral, it cannot be repossessed. However, lenders are not barred from pursuing collection efforts and may file lawsuits to collect the debt. These actions could include garnishment or attachment of your property. However, if you don't make payments on an unsecured debt, creditors will be able to recover the debt by using other means.
Fraud-related debts aren't dischargeable under bankruptcy
A debt created through fraud or misrepresentation is not dischargeable under bankruptcy law. This can include fraudulently obtaining a loan approval, misrepresenting your income or assets, or filing a lawsuit without the proper documentation. This is particularly dangerous if you were planning on using the money for luxury purchases, such as food and car repairs. While the creditor may claim fraud, this doesn't mean much unless they can prove it. Then, the creditor may sue you or even get a judgment for fraud.
There are some debts that cannot be discharged under bankruptcy law, however. These include debts related to fraud, DWI, and domestic support. Because these types of debts are not like credit card or loan debt, they are not dischargeable. This also applies to secured debts, such as car loans and mortgages. The creditor can obtain an exemption from the automatic stay to protect their interests, even if they're not dischargeable.
Chapter 13 bankruptcy provides added flexibility in dealing with secured creditors
Chapter 13 bankruptcy is beneficial for debtors who are behind on their secured debts and need more time to catch up. This bankruptcy option allows you to establish a repayment plan and receive approval from a court trustee. Your plan will describe how much you owe, how much you can afford to pay, and how long you need to repay your debt. Your debt will be divided into three categories: priority debt, unsecured debt, and unsecured debt. The priority debt must be paid in full.
The amounts listed in a Chapter 13 plan must be based on the proofs of claim filed by your creditors. These proofs can include calculations and documentary evidence. A debtor may object to the creditor's claim and win a reduction of the claim.
Chapter 7 bankruptcy eliminates most nonpriority unsecured debts
Filing for bankruptcy is a way to wipe out most nonpriority unsecured debts, including credit cards. However, you should be aware of which debts are excluded. Priority debts, like alimony or child support, cannot be eliminated by bankruptcy. Moreover, there are exceptions for certain unsecured debts, such as student loans.
If you're struggling with a mountain of debt and cannot pay your bills, consider filing for Chapter 7 bankruptcy. This option will eliminate most of your nonpriority unsecured debts, but it won't save your home or car from repossession. A better option is to file for Chapter 13 bankruptcy, which offers protection from repossession and the ability to catch up on missed payments.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
