The underlying policy
of bankruptcy law is that the honest debtor who is in debt beyond
his or 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 misconduc
•
Liability from driving while intoxicated
•
Debts from a prior bankrupcy
•
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.