04

Apr 2017

What kinds of debts can I get rid of by filing a chapter 7 bankruptcy?

by Ellen Ray in

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The following types of creditors are generally not dis-chargeable in a chapter 7 case under current law although some exceptions can apply:

  • Most taxes due at the time you file your case (if any taxes you owe are discharged, we will let you know before your case is filed)
  • Child and spousal support either due at filing or that comes due in the future
  • Fees of Guardian ad Litem attorneys assessed against you by a court due to a custody or child support action.
  • Student loans owed for tuition or owed on a government guaranteed student loan
  • Any debt incurred in the six months before the case is filed if a creditor files paperwork with the court asking for a determination that they should be paid and the court agrees with them (if this occurs, you will be notified and you may either negotiate with them directly or represent yourself in court or pay the additional fees shown on the retainer agreement to hire me to negotiate or represent you)
  • Any court assessed costs or fees due to driving infractions or restitution orders or fines or costs assessed in any criminal action (this can include parking fees in some cities and states although Virginia usually does not send their parking tickets through the court so they are dis-chargeable)
  • Some fees assessed by DMV
  • Any debt determined to have been obtained through fraud by the court after a hearing or agreement by you if a creditor files a motion to determine whether the debt should be discharged by the court. (if this occurs, you will be notified and you may either negotiate with them directly or represent yourself in court or pay the additional fees shown on the retainer agreement to hire me to negotiate or represent you)

If you have any questions regarding the dis-chargeability of your debt, you should always ask your attorney at any time before, during or after your case. You should never assume a debt is discharged unless you have been told that it is going to be discharged by your attorney.