Debts That Survive Bankruptcy
- Even though you may be broke, bankruptcy will not get rid of all debts.Bankrupt. Businessman with empty pockets (with clipping paths) . image by Vitaliy Pakhnyushchyy from Fotolia.com
Filing bankruptcy can be a last-resort option for those in financial trouble. When it becomes apparent that circumstances will not allow a person to climb out of debt, bankruptcy will either wipe away the majority of debt, allowing for a fresh start at the expense of a credit rating, or it will set up a manageable payoff for the debt owed. However, regardless of which form of bankruptcy is filed by the debtor, there are certain debts that will remain unchanged as a result. The law requires that the responsibility for these particular debts remain the responsibility of the borrower. - It probably isn’t much a surprise that attorney’s fees cannot be discharged through a bankruptcy. Since lawyers are required in most cases to represent the person filing bankruptcy, it wouldn’t make much sense to do the work knowing that the person did not have to pay you once the proceeding were over. But it doesn’t apply merely to bankruptcy lawyers. Any outstanding attorney’s fees will remain after the bankruptcy is finished, meaning the filer will still have to pay the full amount owed to an attorney. However, some attorneys may be willing to work out an affordable payment plan if they realize you are struggling financially.
- Student loans sometimes get out of control as the cost of education rises. Unfortunately, these are debts that will typically have to be repaid, usually with interest, regardless of bankruptcy. The law protects these loans from bankruptcy discharge because the government often has a hand in guaranteeing the loans. In very few instances, student loans may be discharged in a bankruptcy, according to CreditLoan.com. These actions are usually reserved for special cases such as a development of a disability that prevents the person from working to pay off the debt.
- Any court-ordered judgment against a person is permanent and will not disappear as a result of bankruptcy. For example, if a person is taken to court and the judge orders that the person pay damages to the plaintiff, then the debt must be paid regardless of bankruptcy. The court will likely work out a payment plan, but it will not be possible to walk away from the debt associated with the court order.
- Bankruptcy laws prevent debtors from running up credit card debt just before filing bankruptcy or pulling cash from the ATM. Creditors will look at the recent activity on the account and can successfully make the case that the most recent charges should not be discharged. Any recent purchases of non-essential items or cash withdrawals are typically the transaction in question.
- If you choose to remain in good standing on some of your accounts following bankruptcy, you will be asked to reaffirm the debt. This may happen when money is owed on a car and you do not wish to have the car repossessed in the proceedings. The lender will have you sign a reaffirmation stating that you will continue to make payments on the note until it is paid off. This disqualifies the debt from being discharged.
- Any taxes owed to the state or federal government will not be discharged through bankruptcy. Once taxes are owed, they remain due until they are paid. Refusal to pay them can result in more legal problems, fines and penalties.