debts you can’t discharge in bankruptcy

Dischargeable means that a debt can be “taken care of” by bankruptcy (click here for more information on discharge).  If a debt is discharged in bankruptcy the borrower (debtor) will be released from personal liability on the debt. On the other hand, if a debt is non-dischargeable, that means it cannot be “taken care of” in a bankruptcy case and must be paid in full, or handled in another way. Bankruptcy can be very helpful, but many types of debt can’t be discharged in bankruptcy. For information about the types of debts you can’t discharge in bankruptcy contact a Tampa bankruptcy lawyer for assistance.

Student Loan Debts You Can’t Discharge in Bankruptcy

Unfortunately, most types of student loans are debts you can’t discharge in bankruptcy. Bankruptcy law provides that student loan debt is one of the several non-dischargeable debts through bankruptcy. See bankruptcy law 11 U.S.C. § 523. However, there is one exception to the rule that student loan debts can’t be discharged, undue hardship. If you can prove to the court that you suffer from an “undue hardship,” you may be able to have your student loan debt discharged.  See Brunner v. NY State Higher Educational Services. Normally, student loans are debts you can’t discharge in bankruptcy and it’s difficult to pass the undue hardship test. If you need assistance with a student loan you should contact a Tampa bankruptcy lawyer for legal counsel.

Restitution Debts You Can’t Discharge in Bankruptcy

Often, restitution (money you owe for a person or property you injured related to a crime, for example a DUI) & certain taxes are debts you can’t discharge in bankruptcy.  See Bankruptcy Law 11 US 727. However, there are exceptions to this rule. If you owe restitution or taxes consult with a bankruptcy attorney in Tampa before assuming they are non-dischargeable. For instance, if you owe money to a public defender for utilizing his or her services, that debt may be eligible for discharge. However, keep in mind, most other forms of restitution are not eligible for  discharge in bankruptcy.

Judgment Debts You Can’t Discharge in Bankruptcy

Most types of judgments are eligible for discharge; however, some judgment debts you can’t discharge in bankruptcy. For instance, alcohol-related injury judgements are non-dischargeable. Similarly, judgments for malicious or wanton conduct resulting in serious bodily injury or death cannot be discharged. If you have debts which are not eligible for discharge all hope is not lost, there may be other options. A bankruptcy lawyer in Tampa can help provide some options for relief.

Bankruptcy Law Firm in Tampa

If you are having a difficult time meeting your financial obligations Florida Law Advisers may be able to help, we are an experienced bankruptcy law firm in Tampa. The Tampa bankruptcy attorneys at our firm have years of experience helping people just like you to solve their financial problems and obtain a fresh start. We have many options available that can help you successfully manage your debt and regain your financial health. Regardless if you need help with Chapter 13, Chapter 7, or other debt relief, our professional legal team will provide you with competent legal advice you can trust. To see which options may be available to you, contact us to today to schedule a free, confidential consultation with a Tampa bankruptcy attorney at our firm.

Frequently Asked Questions

Will child support or alimony be discharged?
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