- Child Support* Any priority debts – Your repayment plan must allow for payment in full of any “priority debts,” such as federal and state income taxes, alimony or child support.
- Spousal SupportThe greatest advantage of Chapter 7 bankruptcy over other types of bankruptcy relief is that it can help individuals and businesses with overwhelming debt eliminate their dischargeable debts forever. However, there are certain types of debt that cannot be discharged in bankruptcy, even in a liquidation bankruptcy, including student loans, spousal support, child support, and most recent tax debts. If you file Chapter 7 bankruptcy in the greater Sacramento area, you will still be responsible for repaying these types of debts after your other debts have been discharged. The court can also declare the following debts non-dischargeable if your discharge request is challenged by the creditor...
- Wrongful Death
- Traffic Violations
- Embezzlement
- Personal Injury3. Dischargeability of debt. A creditor can file an adversary complaint requesting that the court not discharge its debt because it alleges that you incurred the debt fraudulently, either by actual fraud or constructive fraud or is a personal injury as a result of driving under the influence.
- BankruptcyEXPERIENCE: I have been practicing bankruptcy law since 1992. I have successfully represented debtors, creditors and Chapter 7 trustees through the bankruptcy process. By representing all sides of bankruptcy cases, and now an adjunct bankruptcy professor at University of the Pacific - McGeorge School of Law, I have a unique prospective on how I can best assist you.
- ForeclosureAs soon as your case is officially filed with the court, creditors are legally prevented from attempting to collect on any debt owed to them by you. This means that creditors must stop all collection activity, including: telephone calls, harassing letters, repossessions, foreclosures, lawsuits and wage garnishments. Once the case is concluded, the court may enter a “discharge.” A discharge is a total release of a debtor from any further personal liability for his or her pre-bankruptcy debts. Typically, dischargeable debts include credit cards, unsecured notes and loans, gambling debts, and secured debts, such as car and house loans if the secured property is returned to the creditor.