Will I get rid of my debt completely if I file for bankruptcy? 27 Answers as of June 08, 2011

Thinking about bankruptcy and want to know if it will erase my debt? Credit cards, student loans, defaulted, up to my neck.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Credit card debt is dischargeable, however student loans will likely not be.
Answer Applies to: Washington
Replied: 6/7/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
Your credit card debt can be discharged but the student loans likely would not be discharged.
Answer Applies to: Arizona
Replied: 6/7/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Student Loans, IRS debts, alimony and child support are NOT dischargeable in Bankruptcy. Other debts, like credit cards, mortgages and personal loans are. There is some relief that you can receive by filing, you should speak with a Bankruptcy Attorney to determine whether or not it is in your best interests.
Answer Applies to: New Hampshire
Replied: 6/8/2011
Delventhal Law Office LLC
Delventhal Law Office LLC | Chad Delventhal
Bankruptcy will allow you to discharge most debts. There are certain debts which are non-dischargable. These include student loans, tax debts, etc. If you have further questions please feel free to give my office a call.
Answer Applies to: Indiana
Replied: 6/7/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
Credit cards will go away.Student loans and priority debts, such as taxes, are not dischargeable in a Ch 7.A Ch 13 payment plan can be filed to hold creditors at bay for 3 - 5 years.
Answer Applies to: Oregon
Replied: 6/7/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Generally credit cards are easy to eliminate. Unless you meet some very strict statutory guidelines, you are stuck with your student loan debt.
    Answer Applies to: Oregon
    Replied: 6/7/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The answer to your question is yes and no. Most unsecured debt is discharged in bk. Student loans usually can NOT be discharged if they are government backed, such as loans with sallie mae, etc. Please schedule an appointment with a bk attorney. Most attorneys, including me, will give you a free consultation.
    Answer Applies to: California
    Replied: 6/6/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Some debts are not "dischargable" through bankruptcy, and student loans would fall into that classification of not being affected by bankruptcy.
    Answer Applies to: Indiana
    Replied: 6/6/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Generally, a chapter 7 bankruptcy will discharge many of your debts. Student loans, however, are usually not dischargeable. See a bankruptcy attorney in your area immediately.
    Answer Applies to: California
    Replied: 6/7/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Bankruptcy, if you qualify, will give you a discharge of all unsecured debt, medical bills, and credit cards,(so long as they were not incurred with the contemplation of bankruptcy in mind, or within the statutory six month period prior to filing) taxes assessed more than three years ago. It will generally not remove student loans unless they are private, non-federally backed student loans. Thanks for tuning in!
    Answer Applies to: Connecticut
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Most debts are discharged in bankruptcy. There are several important exceptions. Moat taxes are not discharged, as well as most student loans. Debts incurred by fraud are not discharged nor are debts omitted in the bankruptcy.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Student loans will usually stay with you. Most credit card debt can be discharged if you qualify. See a lawyer who will analyze each debt.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Credit card debt is dischargeable in Chapter 7 bankruptcy but student loans are almost never dischargeable in bankruptcy.
    Answer Applies to: California
    Replied: 6/6/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    In bankruptcy you may discharge credit cards, medical bills, foreclosures, repossessions and payday loans among other things. Your student loans are most likely not dischargeable along with any debt associated with criminal activity and debts owed to the government. Taxes over 3 years old may also be discharged.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Doesn't help with the student loans.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Student loans are usually not dischargeable in Ch.7, with certain narrow and strict exceptions. Credit cards are dischargeable if you haven't used them for 90 days before filing.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The student loans will not be discharged unless you have some horrible circumstances that make it impossible for you pay them. In the over 22 years I have been doing this I have only won 1 student loan case. The lady had terrible RA and could not work at all, so some on SSDI probably has a good chance of getting them discharged.
    Answer Applies to: California
    Replied: 6/6/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It will get rid of debts which are dischargeable. Student loan debts are only dischargeable if you can prove, after trial, "undue hardship" as that term is defined by the courts in your jurisdiction.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You will eliminate credit card debt, auto loans (if you turn over the car), home loans (again, if you turn over the property), medical bills, and personal obligations, as well as judgments, but not student loans and tax obligations. There are other debts which are dischargable but this is a good list to start with. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    Your debt will be discharged through bankruptcy up to the amount the trustee deems dischargeable. If you satisfy a means test you can discharge your debt through a chapter 7 bankruptcy. If your assets exceed your state's exemptions you will be required to liquidate the assets in order to satisfy the amount of debt the trustee deems necessary. Student loans are almost always non-dischargeable debt. This means that unless you satisfy the Brunner test you will be liable for the student loans after bankruptcy.
    Answer Applies to: California
    Replied: 6/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Credit cards, other loans, medical bills, yes. Student loans, no.
    Answer Applies to: California
    Replied: 6/6/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Not student loans. Credit cards yes.
    Answer Applies to: California
    Replied: 6/6/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    As with most answers from attorneys, the answer is "it depends." There are a lot of factors: what chapter you file under, the nature of each debt, when it was incurred, and so on. It's too complicated to address without a complete review of your circumstances. You should get a consultation with a bankruptcy attorney who will then be able to answer your questions fully.
    Answer Applies to: California
    Replied: 6/6/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Bankruptcy will not get rid of your student loans, work out a payment arrangement of your student loans.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Everything you mentioned will go, with the exception of the student loans. Student loans are generally non-dischargeable; only in certain extreme hardship situations may they be discharged.
    Answer Applies to: California
    Replied: 6/6/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney