Bankruptcy Debt Questions
Which Debts Do I Still Owe After Bankruptcy?
When you file for a Chapter 7 Bankruptcy, the majority of your debts are "discharged." A bankruptcy discharge relieves the debtor of all legal obligations to pay these debts and also stops creditor’s efforts to pursue debt collection. However, some debts cannot be discharged, including…
- Alimony, maintenance or support for spouse or children
- Student Loans: While it is very rare for student loans to be discharged in bankruptcy, you can still ask the court to discharge loans by proving that paying them is an "undue hardship." However, there are many options for reducing your monthly payments on student loans even if you cannot discharge them.
- Money borrowed by fraud or false pretenses: In court, a creditor may attempt to prove that you defrauded or lied to them during your bankruptcy case so that your debt is not discharged. The creditor’s goal is to scare honest people into reaffirming the debt so the creditor does not lose money. You should never agree to reaffirm a debt if you have done nothing wrong. If a creditor files a fraud case against you, and you win, the court may order the creditor to pay your lawyer’s fees.
- Most taxes: The ability to discharge many tax debts is a complicated issue and should be analyzed with our office in order to determine what tax debts can or cannot be discharged. See our web site section on taxes and bankrtupcy.
- Most criminal fines, penalties and restitution orders: This exception includes all criminal fines, including minor ones, like traffic tickets.
- Drunk driving injury claims