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Leading Bankruptcy Attorney Jackson Explains The Types Of Debts That Cannot Be Erased

By Walter Powell


If you are a borrower with insurmountable debts, it may be imperative for you to file for bankruptcy. This will give you the much needed relief from your money troubles and also instantly stop the nagging and harassment from creditors. One of the key benefits of being declared bankrupt is that there are numerous unsecured debts that can be discharged. If you want to find a dependable bankruptcy attorney Jackson is an excellent place to begin your research.

Usually, there are certain debts that can be discharged. This includes unsecured debts like medical bills or amounts overdue on your credit cards. On the down side, there are specific debts that simply have to be settled. This is irrespective of your current financial muscle or even the type of bankruptcy that you choose.

Not even the bankruptcy codes can set you free from paying your tax arrears. Unpaid taxes as well as unsettled custom duties will need to be cleared because they are not dischargeable. In rare cases, the courts could consider arrears that are above three years old, and relieve you of all obligation if you meet particular standards that are defined in the bankruptcy laws.

Additionally, you will still have to settle child support and alimony arrears. Again, these are obligations that cannot be dodged, mainly because the bankruptcy courts cannot undermine the ruling passed by the family law courts. If you are filing for relief under Chapter 13, it will be possible for you to get these debts restructured.

Additionally, being declared bankrupt will not set you off the loop as far as repaying your student loan is concerned. Such loans are categorically excluded in the bankruptcy codes. In case you are dealing with money issues that are terribly out of hand, then you could have your student loan eliminated if you can demonstrate that making payments would cause you devastating financial hardships.

Lawsuits debts are also not likely to be pardoned. This is especially true if the debts in question are allied to theft, or fraud allegations. The courts may also not discharge such debts if they were incurred after reckless acts like settling a personal injury case that was caused by drunk driving. In the same tune, you will be obligated to pay your mortgage and other asset liens. Failure to do this would result in the lender claiming possession of the properties that were used as security to obtain a particular loan.

The debts of someone else cannot be considered when handling a case that is specifically under your name. If a debt is under the name of your child or spouse, it cannot be discharged under your petition. It could however be discharged if the other person decided to file a petition on their own.

It can be a little tempting to make major purchases using your credit card even if you intend to file for bankruptcy. By doing this, you will be putting yourself at risk of having your petition denied. On the other hand, if your petition is accepted, the credit card debts incurred within the last one year will still have to be paid.




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