What Types of Debt Can be Discharged by Bankruptcy?

TRI Writer • October 3, 2019

Are you looking for information on the benefits of bankruptcy? Do you need to stop creditors who are harassing you for payment? Are you struggling to make minimum payments? Chapter 7 bankruptcy may be just what you need to get a fresh start.

Filing for bankruptcy is a major decision that can have a significant effect on your life for years. You must understand what it can and cannot do for you. Before you decide to file for Chapter 7 bankruptcy, start by getting to know what types of debt are eligible for discharge.

Unsecured Debts: Debts that are not backed by collateral are unsecured debts. They are normally eligible for discharge in Chapter 7 bankruptcy. Examples of unsecured debt include the traditional revolving credit card, medical bills, utility bills, personal loans, back rent, etc.

Some Secured Debts: Secured debts can are eligible for discharge, but the attached lien does not go away. What this means for the debtor is that they can discharge a secured debt (like a house or a car), but they will need to give up the house/car to the creditor.

Types of Debts that are NOT Discharged in Chapter 7 Bankruptcy:  

Student Loans: Student loans are unsecured debt, but they are not eligible for discharge unless you can demonstrate that it is an undue hardship upon you or your dependents to repay the student loan. [We often counsel our clients on how to enroll in an income driven repayment plan, through the US Department of Education].

Debt Incurred through Fraud: Any debt incurred through or related to fraudulent activity is not dischargeable. Fraudulent activity can be as simple as buying items on credit with no intention of repaying the debt or falsely representing your income or assets to a creditor during the credit application process. We have extensive experience in assisting those who may have been accused of this type of activity. This is something that should be brought to your bankruptcy attorney’s attention during the initial consultation or interview.

Recent Luxury Purchases and Cash Advances: Some debts that are generally eligible for discharge will be deemed not eligible if the debt was incurred too soon before the bankruptcy filing. We often spot these types of transactions, and successfully avoid these problems using lawful pre-bankruptcy planning practices.

Lawsuit Judgments: While most money judgments are dischargeable, there are exceptions to the rule. It is usually best to file bankruptcy before receiving a lawsuit judgment. After a judgment is issued, a creditor has the right to put a lien against any personal property or real estate. Many liens do not go away due to bankruptcy.

Certain Tax Debts: Income taxes may be discharged under certain conditions, but unless particular conditions are met, the debt is not eligible for discharge.

There is no shame in seeking a discharge of debt when unintended circumstances leave you struggling to care for your family. When you are out of choices and need help to release your family from chains of debt, don’t hesitate to get in touch with Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney. We help good people through bad times.

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Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.
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