A Chicago Bankruptcy Attorney should advise you that not all

A Chicago Bankruptcy Attorney should advise you that not all debts are dischargeable when filing ch

When meeting with a somekeyword you should determine which debts you have will not be forgiven. Not all debts are discharged when filing a Bankruptcy Case. The debts discharged vary under chapter 13 or chapter 7 of the United States Bankruptcy Code. Several categories of debts from the discharge granted to individual debtorsSection 523(a) of the Code specifically excepts. Therefore, the debtor must still repay those debts after bankruptcy. Congress has determined that these types of debts are not dischargeable . for public policy reasons (based either on the nature of the debt or the fact that the debts were incurred due to improper behavior of the debtor, such as the debtor's drunken driving).


Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523(a) applies. The most common types of nondischargeable debts are certain types of tax obligations, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties including traffic tickets, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by dui, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees.

The types of debts described in sections 523(a)(2), (4), and (6) (obligations affected by fraud or maliciousness) are not automatically excepted from discharge. Creditors must ask the court to determine that these debts are excepted from discharge. Therefore it is very important to make sure your somekeyword knows about creditors which may have an objection in order get listed on schedule F In the absence of an objection by the creditor and the granting of the request by the U.S. bankruptcy court, the types of debts set out in sections 523(a)(2), (4), and (6) will be discharged.


A slightly broader discharge of debts is available to a debtor in a chapter 13 case than in a chapter 7 bankruptcy case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts for malicious and willful, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in separation or divorce proceedings. Although a chapter 13 debtor generally receives a discharge only after completing all payments required by the court-approved (i.e., "confirmed") repayment plan, there are some limited circumstances under which you may request the court to grant a "hardship discharge" even though the debtor has failed to complete plan payments. Such a discharge is available only to a debtor whose failure to complete payments is due to circumstances beyond your. The scope of a chapter 13 "hardship discharge" is similar to that in a chapter 7 case with regard to the types of debts that are excepted from the discharge.Julie Gleason

somekeyword somekeyword with Law Offices in Chicago, Hillside, Evergreen Park and Bolingbrook

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