Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Michael J. Berger | Michael J. Berger
11 U.S.C. Section 523 "Exceptions to Discharge" sets for the exceptions to discharge. Of the debts that you list, all are generally dischargeable except for the child support. The car payments are presumably secured by the car, so that if you do not pay, the car will be taken back from you.
Answer Applies to: California
Replied: 7/15/2011
Mercado & Hartung, PLLC | Christopher J. Mercado
Student Loans, willful and malicious injuries to others, embezzlement, fraud or dishonesty, debts arising from breach of fiduciary duty
Answer Applies to: Washington
Replied: 7/14/2011
Law Offices of Sheryl S. Graf | Sheryl S. Graf
Non-Dischargeable Debts: A. Tax Debts: Generally, tax debts are not dischargeable in Bankruptcy, unless they meet the requirements of the bankruptcy code. To determine if your tax debt meets these qualifications, you should order a transcript from the IRS and state Franchise Tax Board. B. Student Loans: Student loans are automatically nondischargeable under 11 U.S.C. 523(a)(8), unless you can show an "undue hardship". C. Criminal Fines: Criminal penalties and fines payable to the court are nondischargeable under 11 U.S.C. 523(a)(7). Likewise, debts for personal injury caused while driving under the influence of alcohol or drugs are nondischargeable. D. Child/Spousal Support: Past due and ongoing child support and spousal support are not dischargeable in bankruptcy. Your credit card debts, medical bills, and loans are all generally dischargeable in bankruptcy proceedings. Your child support obligation is not dischargeable. The information presented is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Sheryl S. Graf Attorney at Law (619) 440-5716.
Answer Applies to: California
Replied: 7/13/2011
Financial Relief Law Center | Mark Alonso
Not all debts are dischargeable in bankruptcy. Credit card and medical bills are dischargeable. Your car loan is a secured debt so if you choose to let the car go, then you could discharge the debt. f you want to retain the car and make payments on it, then you may be able to keep the car, but you cannot discharge the debt. Child support or other domestic support obligations are not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 7/13/2011
California's Largest Family of Attorneys | Doan Law Firm
Generally, child support, taxes, and student loans.
Answer Applies to: California
Replied: 7/13/2011
The Port Law Firm | Edward Port
Based on your details, if you where to file a chapter 7 bankruptcy the bankruptcy code allows you to receive a discharge on credit card debt and medical bills, provided you have not committed any type of fraud. Child support is not dischargeable. As far as payments on your car, in a chapter 7 if you would like to keep the car then you must pay for it. If you decide to surrender the car then the lender will take possession of the car but you would not be liable for any deficiency. The deficiency will be dischargeable. If you where looking to keep the car but lower your payments, you could look into a chapter 13.
Answer Applies to: Florida
Replied: 7/13/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
From your description, it will all go except the child support.
Answer Applies to: California
Replied: 7/13/2011
Eric J. Benzer, Attorney at Law | Eric Benzer
Taxes, alimony, child support, college loans.
Answer Applies to: Maryland
Replied: 7/13/2011
Rosenberg & Press | Max L. Rosenberg
Child support does not get discharged. That would be immoral. However the rest of your debt would be dischargeable... As long as you don't mind losing your car, you can even discharge that debt. Just please remember to pay your child support in full and on time. Thanks for tuning in.
Answer Applies to: Connecticut
Replied: 7/13/2011
Apple Law Firm PLLC | David Goldman
Of the debts you have mentioned, all except child support can be discharged. That is not to say that in all cases they will. You should discuss your specific circumstances with a Florida Bankruptcy Lawyer
Answer Applies to: Florida
Replied: 7/13/2011
Law Offices of Virginia E. Fortunato | Virginia E. Fortunato
Credit card debt and medical bills are dischargeable in bankruptcy. Child support is not dischargeable. A car loan is dischargeable if you intend on surrendering the car (that is you intend on giving the car up). As I am sure you are aware you cannot discharge a car loan and keep the car without paying for it. :-) Good Luck!
Answer Applies to: New Jersey
Replied: 7/13/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Among the debts you listed, child support is not dischargable but credit cards, medical and installment loans are dischargable.
Answer Applies to: Indiana
Replied: 7/13/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Credit card debts and medical debtsare discharged in bankruptcy. Child support is not. Car payments are discharged but the lender retains its security interest. In order to keep the car you must make payments on thedischarged debt. Such secured debts are sometimes "reaffirmed" meaning there is a written agreement to continue the debt as approved by the bankruptcy judge. If you later default a deficiency would be collected. If you do not reaffirm a debt there would not be a deficiency upon a default.
Answer Applies to: California
Replied: 7/12/2011
Carballo Law Offices | Tony E. Carballo
Child support is not dischargeable in any bankruptcy case. The car payments have to be made or the car will be repossessed sooner or later. You can give up the car is you do not want to pay for it and then the entire debt will be discharged but you cannot keep the car and not pay for it. Medical bills and credit card debt is dischargeable in Chapter 7.
Answer Applies to: California
Replied: 7/12/2011
Ashman Law Office | Glen Edward Ashman
In the list you gave, child support is non-dischargeable. Absent unusual circumstances, the other debts can be discharged. Because there are many pitfalls to this, having a good lawyer is essential.
Answer Applies to: Georgia
Replied: 7/12/2011
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
Based on what you listed, the only non-dischargeable debt is the child support.
Answer Applies to: California
Replied: 7/12/2011
Bird & VanDyke, Inc. | David VanDyke
Bankruptcy will discharge most unsecured debt except child support and student loans. It will also discharge deficiencies on car repos and foreclosures.
Answer Applies to: California
Replied: 7/12/2011
Tucker Legal Clinic | Samuel Tucker
Generally, taxes, student loans, child support/alimony. To keep your car you would have to continue payments under the financing agreement in a Chapter 7.
Answer Applies to: Mississippi
Replied: 7/12/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Child support and student loans.
Answer Applies to: California
Replied: 7/12/2011
Harkess and Salter, LLC | Stephen Harkess
Your car debt will be discharged, but you will have to pay the debt or you will lose the car. Child support cannot be discharged in bankruptcy. The other debts you list can generally be discharged in bankruptcy.
Answer Applies to: Colorado
Replied: 7/12/2011
Law Offices of Thomas P. Vest | Thomas P. Vest
Child support is not dischargeable in a Ch 7; however, arrearages can be put on a Ch 13 payment plan to stop interest from accruing. The other debts listed could be discharged except certain cash advances with 70 days of filing or overuse of cards or credit lines within the prior few months; other types of debts not on your list or also non-dischargeable, such as criminal, court, or traffic fines. See a bky atty for more details.
Answer Applies to: Washington
Replied: 7/12/2011
The Law Offices James Burns | James Burns
You will not be able to discharge the car loan debt unless you surrender the vehicle and child support debt is not dischargeable. Most credit card bills and medical bills are dischargeable, so long as the debts are not incurred fraudulently or immediately prior to filing for bankruptcy.
Answer Applies to: New Mexico
Replied: 7/12/2011
Law Offices of Joseph A. Mannis | Todd Mannis
The child support is not dischargeable. Everything else you mentioned may be discharged.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
Debts that are normally not discharged include student loans, fines, domestic support obligations, certain debts incurred within 90 days of filing bankruptcy, recent taxes, fraudulently obtained loans, and debts related to injuries from DUI. "It depends" is also a valid answer, so check with your attorney.
Answer Applies to: Pennsylvania
Replied: 7/12/2011
Law Office of Maureen O' Malley | Maureen O'Malley
Of the debts you mentioned, only child support is not dischargeable.
Answer Applies to: Virginia
Replied: 7/12/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Your child support is not dischargeable. If you want to keep your car, you will want to reaffirm the loan (assuming there is one). Other things that are not dischargeable are things like income taxes, judgments for injuries while drunk driving, etc.
Answer Applies to: Michigan
Replied: 7/12/2011
Ursula G. Barrios Law | Guillermo Machado
Child support is the only you listed that won't go away with BK. For more see 11 USC 523.
Answer Applies to: California
Replied: 7/12/2011
Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
Most taxes, child support, traffic tickets, court fines & student loans.
Answer Applies to: Washington
Replied: 7/12/2011
