• Call 423-929-7673
  • Debts That Could Possibly Be Forgiven Under Chapter 7 Bankruptcy

    Many who file for Chapter 7 bankruptcy find that their unsecured debt, such as credit card bills and personal or student loan debt, can be eliminated through this process. Furthermore, bankruptcy stops home foreclosure proceedings, wage garnishment proceedings, and property repossession proceedings from occurring.

    The Bankruptcy Code specifies several types of debts generally not covered by Chapter 7. However, the debts can be forgiven under Chapter 7 bankruptcy. Creditors have the right to pursue the recovery of any unpaid debt that has not been discharged, such as:

    Which of These Debts Could Possibly Be Forgiven Under Chapter 7?

    Credit Card Debt from Unsecured Accounts

    At a time when more Americans than ever before are facing rising credit card debt, bankruptcy may be the right solution. Filers can have some unsecured debt forgiven while stopping foreclosures, repossessions, and utility shut-offs from proceeding further.

    Most unsecured debts do not involve property, like mortgaged homes or auto loans; rather, they’re determined by agreements between lender and borrower.

    Secured debts such as income tax and child support payment in bankruptcy must still be paid even after bankruptcy has been filed. The bankruptcy court will also review each debt for possible “priority status.”

    Types of Debt That Can Be Discharged in Chapter 7 Bankruptcy?

    Medical Bills & Health-Related Expenses

    Medical debts are one of the primary drivers behind bankruptcy filings, yet no specific type of bankruptcy filing exists to erase only medical debt. Instead, filing can include other categories of debt as well. Chapter 7 bankruptcy provides debtors an effective tool to clear away unsecured debt, such as credit card balances.

    To be eligible, however, one must pass a means test that evaluates disposable income; your bankruptcy attorney can provide more details regarding eligibility requirements. Alternatively, Chapter 13 bankruptcy enables debtors to consolidate and repay outstanding debts under an installment repayment plan.

    Here are some exceptions to means test in chapter 7 bankruptcy

    Which of These Debts Could Possibly Be Forgiven Under Chapter 7 Bankruptcy

    Personal Loans without Collateral

    Unsecured debts include personal loans or credit card balances that do not require collateral to secure them. Unlike secured debts like home mortgages or car loans, which typically get discharged automatically through bankruptcy proceedings, unsecured debts don’t.

    Chapter 7 bankruptcy allows debtors to liquidate assets that aren’t exempt, such as work tools and cars, to pay creditors. If any items purchased were worth less than what was owed, lenders could seek a deficiency judgment against you; this form of judgment is called a deficiency judgment. However, debts caused by fraud might still need to be cleared away separately from the bankruptcy filing.

    Utility Bills Accumulated Over Time

    Even after filing bankruptcy and paying off debts, utility creditors may attempt to collect on past-due balances. However, an automatic stay from bankruptcy prevents them from doing so and terminating service.

    Utility companies must give notice before terminating service, and some consumers are protected against immediate disconnection. A bankruptcy lawyer can help negotiate reasonable payment plans so your utilities remain connected.

    Utility bills, like secured debt, are considered non priority debts that may be discharged through bankruptcy proceedings in direct cases. Under Chapter 13 bankruptcies, however, utility bills usually form part of an installment repayment plan that must be fulfilled over time.

    What Assets Do You Lose in Chapter 7?

    Business Debts in Personal Liability

    You may incur debt for your company as an entrepreneur or business owner. Even if it operates as a corporation or LLC entity, creditors could hold you personally liable if you provided personal guarantees as part of an operating agreement for that entity.

    Failure to follow legal requirements when running your business, such as holding regular meetings, keeping accurate records, and using separate bank accounts. Your obligations may remain depending on your business structure, and when filing for bankruptcy, you may even use personal assets as payment.

    Overdue Rent Payments & Leases

    Back rent payments can be treated similarly to credit card and medical bill debt, which can be discharged in bankruptcy.

    Landlords often understand bankruptcy and are generally unwilling to initiate eviction proceedings against those filing bankruptcy; doing so costs money in terms of attorney and other professional services costs.

    However, if you are behind in your apartment or home rental payments when filing bankruptcy, the trustee might assume or reject your lease agreement and not permit you to remain at the property. Under such circumstances, you might need to catch up with payments or move out within an established timeline.

    If you need assistance with personal or business bankruptcy and filing in Tennessee, reach out to The Pope Firm and Charles Pope, Attorney At Law.

    Client Testimonials

    DISCUSS YOUR SITUATION WITH ONE OF OUR PROFESSIONALS TODAY

    Certain Tax Debts (Under Specific Conditions)

    Chapter 7 bankruptcy allows individuals to discharge certain tax debts, provided certain conditions are met. First, income tax debt rather than payroll or excise duties owed to third parties can be forgiven more easily; it must have been assessed more than three years before filing their petition for bankruptcy protection.

    Finally, any nonpriority claim in bankruptcy must not be covered by priority claims such as spousal support, child support payments, or property taxes; furthermore, the IRS must have filed an official lien notice with its state office (this process varies).

    Debts That Could Possibly Be Forgiven Under Chapter 7 Bankruptcy

    Judgment Debts from Lawsuits

    Creditors who file lawsuits often win financial judgments against defendants, yet these debts may be discharged through bankruptcy. Depending on their nature and priority classification (i.e., whether they must be paid before bankruptcy can begin), this decision can vary.

    Judges may rule an obligation in non-dischargeable debts when its source is fraud or other unlawful acts, making certain debts ineligible for bankruptcy discharge, such as:

    • Arrearages in child support payments and recent income taxes
    • Support debts
    • Educational benefit overpayments
    • Criminal restitution orders

    Furthermore, judgments that include personal injury or property damage cannot be waived without evidence from the plaintiff showing ownership.

    Conclusion

    Chapter 7 bankruptcy offers a viable solution for individuals struggling with overwhelming unsecured debts, such as credit card balances, medical bills, personal loans, and utility arrears. Consulting with a bankruptcy attorney is essential to determine eligibility, navigate complex legal requirements, and ensure the best possible outcome for debt relief.

    Best Bankruptcy Attorneys At The Pope Firm

    At The Pope Firm, understand that navigating bankruptcy can be overwhelming, but you don’t have to face it alone. Our experienced bankruptcy attorneys are here to guide you through the Chapter 7 process and help you achieve the financial relief you deserve.

    Whether you’re dealing with student loan debt, medical bills, or other financial burdens, we will work tirelessly to ensure the best possible outcome for your case. Contact The Pope Firm today for a free consultation, and take the first step toward a debt-free future. Let us help you regain control of your finances and secure a fresh start!