Which
bills are eligible?
The
underlying policy of bankruptcy law is that the honest debtor who
is in debt beyond his/her ability to repay the debt should be given
a fresh start through the discharge of debts in a bankruptcy proceeding.
Not
all debts are dischargeable. Generally speaking, the following debts
will not be discharged:
- Taxes.
- Spousal
and Child Support.
- Debts arising
out of willful or malicious misconduct.
- liability
from driving while intoxicated.
- debts from
a prior bankruptcy.
- Student
loans.
- Criminal
fines and penalties.
Those
debts which are secured will be discharged, however, expect the
creditor to take the necessary legal steps to take back the property.
In most cases if the debtor's equity interest in the property is
exempt, the debtor may retain the property by redemption or reaffirmation.
Disclaimer:
This information deals with Chapter 7 consumer bankruptcy. Each
state has its own bankruptcy laws, so you need to check with your
state for details. Information dealing with Chapter 13 bankruptcy
and consumer debt restructuring is not discussed in the above FAQs.
The information contained in the following FAQs is provided for
general information purposes only and is not intended to be a legal
opinion nor legal advice nor is it intended to be a complete discussion
of all the issues related to the area of Chapter 7 consumer bankruptcy.
Every individual's factual situation is different and you should
seek independent legal advice regarding specific information.