For the most part, filing for bankruptcy will discharge the vast majority of your debts. There are some categories, though, that cannot be eliminated in bankruptcy, regardless of the type of bankruptcy you opt to file. This list includes:
- Loans you received by purposely providing false information to the creditor on the loan who relied on these details in order to make you the loan.
- Debts that were not listed officially on your bankruptcy petition, however you could add debts to your petition even after a discharge
- Money owed for alimony, some taxes, fines or child support.
- Debts resulting from situations of willful and malicious harm, like personal injury awards or from driving while intoxicated
- Mortgages and other liens that are not paid in the bankruptcy case. However, the bankruptcy court can wipe out your obligation to pay additional money if the property is sold by the creditor.
- Student loans owed to a government body or guaranteed by the government or a school unless the court decides that payment would be an undue hardship.
Having a comprehensive picture of what can be discharged in bankruptcy allows you to make an informed decision about whether bankruptcy is right for you. You should never assume that everything will be eliminated in bankruptcy because as you can see from above, there are notable exceptions to this. Being aware of these exceptions can help you tremendously when you file a case. Make sure you find a New York bankruptcy attorney who can help you address all of your concerns and prepare you for what is reasonable to expect as far as discharging the debts when you do indeed file for bankruptcy. Â While many debts can be discharged, this is not true for everyone, so you need to go into the process with an open mind and clear understanding.
Jayson Lutzky is an attorney with over 32 years of experience practicing law. He handles personal bankruptcy cases and offers free in-person initial consultations to explain the bankruptcy process to potential clients and help them decided if bankruptcy is their best option. Call 718-329-9500 to schedule your appointment at his conveniently located Bronx location. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky.