Bankruptcy often enables people to discharge much of their debt once the process is completed. Both Chapter 7 and Chapter 13 allow for the cancellation of many remaining debts, although the processes used are different. Chapter 7 uses the liquidation of nonexempt assets to repay creditors, and once the filing is complete, the individual will be released from many of their debts with remaining balances. In
Chapter 13, the court works with the individual to a reorganize their debts into a repayment plan that will last three to five years. Through more affordable monthly payments, the individual repays their creditors, and once the time period of the plan is complete, they are able to discharge many of the balances that remain.

Many people file for bankruptcy because they want to be rid of their debts, but it is important to know that there are certain types of debt that cannot be discharged through bankruptcy. The debts that you cannot cancel through bankruptcy include:

  • Student loans
  • Child support
  • Alimony payments
  • Debts incurred through fraud or deceit
  • Most unpaid taxes
  • Payroll taxes
  • Sales taxes
  • Property taxes
  • Willful tax evasion or fraudulent tax return
  • Criminal fines
  • Restitution
  • Drunk driving injury claims
  • Fines or penalties owed to a governmental unit
  • Damages owed to a victim for causing willful injury to their person or property
  • Expensive or luxury charges incurred shortly before filing for bankruptcy
  • Debts incurred after the repayment plan was created

If the majority of the types of debts you are struggling to repay are included on this list, you may need to consider bankruptcy alternatives to address your debts. Before making any decisions, speak with a knowledgeable attorney who can determine your options and assist you in pursuing relief from debt. Our team at Dodge & Vega has helped countless people file for bankruptcy and pursue financial freedom all across Arizona, and we would be proud to guide you in the fight to regain control of your finances. Do not hesitate to call our firm to discuss your unique situation and possible options!

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