You should be aware that there are certain debts that cannot be discharged in bankruptcy. Child support arrears, criminal penalties, and tax arrears are typically not discharged in chapter seven bankruptcy. Similarly, student loans are typically not dischargeable during bankruptcy.
Actually, student loans merit a bit more discussion. It is true that student loans are typically extremely difficult to discharge in bankruptcy. Nevertheless, it is not impossible, contingent on the specifics of your circumstance. A judge would require you to demonstrate undue hardship. You must demonstrate that you cannot maintain a reasonable standard of living if forced to repay the student loan.
You would also need to demonstrate that your circumstances are unlikely to improve in the near future and that you have already made a reasonable effort to repay your loans. Otherwise, it is extremely unlikely that a student loan will be discharged, especially a federal loan given or guaranteed by the federal government. It is ultimately up to the judge to determine whether your situation constitutes undue hardship.
Thankfully, credit card debt is likely the most prevalent issue for those seeking to file for bankruptcy. Well, I do not mean that it is advantageous that so many individuals are buried in debt. In other words, credit card debt is dischargeable during bankruptcy, assuming you are eligible for bankruptcy in the first place. Other typical debts include medical expenses and auto loan obligations. These types of debts help push individuals over the line and into bankruptcy, and they are typically discharged as part of the process.
It is essential to recognize that there are numerous varieties of bankruptcy. The most common form of bankruptcy, chapter seven is designed to eliminate the majority (or potentially all) of your debt. Chapter 13 bankruptcy aims to establish a repayment plan to alleviate your burden (but does not eliminate your debt).
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