Debts Remaining After Chapter 7
By: ArticleSubmit Auto | Posted: 13th October 2010
A Chapter 7 bankruptcy filing is a drastic step for most people and Albuquerque lawyers stand ready to help. However, a Chapter 7 will discharge a significant amount of debt for those mired too deeply to see light. Once, before the reforms of 2005 were put into place, the amount of debt eligible for discharge was much greater. Certain debts are now not dischargeable under a Chapter 7 plan and may remain even after the court has discharged other indebtedness.
Debts created from being found guilty of driving while intoxicated or damages incurred due to an accident cause by drunk driving.
Debts not listed in the bankruptcy petition.
Debts owed creditors not listed in the bankruptcy petition.
Court fees owed.
Federal, state and local taxes.
Restitution, fines and penalties assessed by the government.
Debts not dischargeable from a previous bankruptcy due to debtor fraud.
During the bankruptcy process, creditors are given the opportunity to challenge your right to discharge some debts owed to them. The court may allow these disputes if the creditors can prove the debts fall in one of the following general categories:
- The debt was created by willful and malicious actions (such as assaulting someone).
- The debt was created by fraud. These categories include balances on credit cards charged up within 90 days of the court filing for luxury goods and services.
- Cash advances of more than $750 drawn from accounts within 70 days of filing the bankruptcy petition.
- Debts from a divorce settlement or other court decree which the debtor is able to pay and nonpayment hurts the recipient more than it benefits the debtor.
- Debts created from embezzlement, theft or a violation of some trust, or fiduciary duty.
For experienced, knowledgeable and trustworthy bankruptcy assistance, contact the attorneys from www.legalhelpers.com. Call toll-free 800-260-1402 today for your initial free consultation or come into one of their 100 offices across the country.This article is free for republishing
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Tags: student loans, chapter 7 bankruptcy, cash advances, creditors, debtor, dependents, bankruptcy filing, bankruptcy process, local taxes, alimony, indebtedness, restitution, drastic step, luxury goods, bankruptcy petition, divorce settlement