The purpose of filing for bankruptcy is to get a handle on your debt, so it is critical to understand what bankruptcy can and cannot do for you.
It is true that many people come out of bankruptcy completely debt free! However, it is also true that certain debts must still be paid back even after successfully filing for bankruptcy.
Dischargeable vs. Nondischargeable Debts
Debts in bankruptcy are classified as dischargeable or nondischargeable.
- Dischargeable debts are debts that can be erased in bankruptcy, including credit card debt and medical bills.
- Nondischargeable debts are debts that survive bankruptcy, they cannot be erased through bankruptcy and must be paid back.
Nondischargeable Debts Survive Bankruptcy
Not all debts are created equal. It is important that before filing for bankruptcy, you take a look at what type of debts you have and make sure that bankruptcy will actually help you get control of your debt problem.
We offer free consultations to anyone in Savannah, GA or the surrounding areas. Together we’ll explore your debts and how bankruptcy can help you and your family.
The most common debts that are nondischargeable include:
- Spousal or child support payments
- Fines imposed from a government body
- Debts resulting from illegal activity
- Some tax debts
- Student Loans
This list is not exhaustive. Due to either the type of debt you owe, or when or how it was incurred, you may have other debts that are also nondischargeable. When it comes to bankruptcy, ever case truly is unique.
Unsecured vs. Secured Debts
Unsecured debt is debt that is not backed by collateral. Secured debt is debt backed by collateral, such as a car.
In general, unsecured debts are generally dischargeable in bankruptcy. On the other hand, secured debts are treated differently in bankruptcy. In general, if you keep the collateral then secured debts survive bankruptcy.
While personal liability on secured debt is erased in bankruptcy, the liability remains attached to the collateral. This sounds complicated — what is means is that if you intend to keep the collateral, like your car or house, a secured debt is attached to, then you must pay back the debt after bankruptcy. Read more in our article What is the Difference Between Secured and Unsecured Debt?
Explore How Bankruptcy Can Help You
We’re committed to helping people get out of debt and gain the financial freedom they deserve. We invite you to learn more about who we are here. If you live in Savannah, GA or the surrounding areas and have questions about your debt relief options, let’s meet for a free consultation.
We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.