Are all your bills wiped out in a bankruptcy case?

Is it true that all your bills and debts, no matter to whom, are wiped out by bankruptcy?

Answers (1)

The answer may be surprising to some: no. While unsecured debts like creidt cards, medical bills and personal loans will likely be discharged, there are several classes of debt which are not wiped out by bankruptcy. The more common ones are:

  • Secured debt: if a lender has a security interest in property which was used as collateral for a debt (such as home, which is collateral for a mortgage), the lender may repossess the property unless the debtor makes arrangements to pay the debt.
  • Alimony and child support obligations are not eliminated.
  • Most tax debts remain—the government wants to make sure it gets its money unless your attorney can prove it's an undue hardship.
  • DUI/DWI-related debts: if you injured someone while driving under the influence and they sue you, you will probably have to pay them.

There are also some other categories of debts that will not be discharged as well. The exact treatment of different debts varies by the type of bankruptcy (e.g. Chapter 7 or Chapter 13) a debtor files. Your bankruptcy attorney can advise you as to what debts you may still have to pay even after bankruptcy.

Talk to a Bankruptcy Lawyer if you are thinking about using bankruptcy laws to get rid of unbearable debt. Get the legal advice you need before you make any plans.

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