Debts and Financial Obligations

Last year, more than one million Americans turned to bankruptcy for relief from overwhelming debt. However, bankruptcy does not discharge all debt; even after a debt discharge, filers are left with several important classes of financial obligations that they must continue to pay, including:

  • Student loans. Unless a debtor can show that he will never be able to make payments because of the severe financial hardship it will cause, he will remain responsible for student loans.
  • Alimony and child support. Court-ordered spousal support or child support must continue to be paid, despite bankruptcy. Unlike many other debts, any missed child support or alimony payments must be repaid in full.
  • Court-ordered fines and restitution. Any financial obligations ordered by a court will survive bankruptcy.
  • Financial obligations resulting from drunk driving. If a debtor owes any money because of an accident he caused while drinking, he will still be responsible for these debts after bankruptcy.
  • Recent back taxes. Taxes owed from the last three years will still be owed after bankruptcy.
  • Debts incurred through fraud. Any evidence of fraud will negate a debt discharge. Fraud may be more subtle than debtors realize. For example, courts have taken the position that, if a debtor charges extravagant purchases to his credit card when he knows he will declare bankruptcy and the debt will be discharged, this qualifies as fraud.
  • Debts not listed on initial bankruptcy paperwork. A bankruptcy petition must include a list of all the debtor’s creditors and how much he owes each one. It is vital that this paperwork is filled out completely and correctly, because any omitted debts will not be covered by the debt discharge.

Before filing for bankruptcy, schedule a consultation with an attorney to discuss your debts and how they will be treated in bankruptcy. In the Schaumburg area, count on Cutler & Associates to provide the experienced bankruptcy representation you need.

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

More from Chicago Bankruptcy Lawyers – Illinois Bankruptcy: Cutler & Associates, Ltd —- Call Us Today!

Related Posts

Archive

August 2024

May 2024

April 2024

March 2024

February 2024

January 2024

December 2023

November 2023

October 2023

September 2023

August 2023

July 2023

June 2023

May 2023

April 2023

February 2023

January 2023

November 2022

October 2022

September 2022

August 2022

May 2022

April 2022

March 2022

February 2022

January 2022

December 2021

November 2021

October 2021

September 2021

August 2021

July 2021

June 2021

May 2021

April 2021

March 2021

February 2021

January 2021

December 2020

October 2020

September 2020

July 2020

June 2020

May 2020

April 2020

March 2020

February 2020

January 2020

December 2019

November 2019

October 2019

September 2019

August 2019

July 2019

June 2019

May 2019

April 2019

March 2019

February 2019

January 2019

December 2018

November 2018

October 2018

September 2018

August 2018

July 2018

June 2018

May 2018

April 2018

March 2018

February 2018

January 2018

November 2017

October 2017

September 2017

August 2017

July 2017

June 2017

May 2017

April 2017

March 2017

February 2017

January 2017

December 2016

November 2016

October 2016

September 2016

August 2016

July 2016

June 2016

May 2016

April 2016

March 2016

February 2016

January 2016

December 2015

November 2015

October 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

January 2015

December 2014

November 2014

October 2014

September 2014

August 2014

July 2014

June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

December 2012

November 2012

October 2012

September 2012

August 2012

July 2012

June 2012

May 2012

April 2012

March 2012

February 2012

January 2012

December 2011

November 2011

October 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

March 2011

February 2011

January 2011

Categories