Tips To Improve Your Credit Score After Bankruptcy

Author: Thomas Jhon

When the court declares a person as bankrupt, it has direct adverse effects on his/her credit record. If you are one of those who are facing this painful situation, you must know that life does not end with bankruptcy. There are still plenty of ways to improve your credit score after bankruptcy. However, in order to know how to do that, you must first have a good understanding of how getting bankrupt affects FICO score. Lack of awareness may prove to be very costly for you. Once you get the right picture about that, you can easily figure out the steps you need to follow to improve your situation.

Effects Of Bankruptcy On Credit Score

If you are in a situation where filing for bankruptcy seems to be the only option, you are very much likely to have a very low credit score at this point. But, it is important for you to keep in mind that when you are declared as bankrupt, a large part of your credit record is deleted. Most of the negative items, such as late payments are removed from your report. The deletion of all these negative items offsets the mention of bankruptcy on your credit report to a great extent. It means your credit score after bankruptcy is not going to fall much further down. You will see a very little difference – if at all there is a difference.

You Are In A Different Category

Another thing that is very important for you to understand that the FICO score system has special provisions for people in bankruptcy. You will be put into a separate category, where the past financial history will not be taken into account to determine credit score after bankruptcy. Only the future use of credit is taken into consideration.

Monitor Your Credit Record

Monitoring of your credit record is very crucial at this stage. There are three major credit agencies and you can get a free copy of your FICO report annually from each of them. The idea behind monitoring is to make sure that your report is free from any kind of errors or omissions.

Pay Your Bills In Time

If you are serious about improving your credit score after bankruptcy, you must make it your top priority to pay all your bills in a timely manner. Any default at this stage is going to be very expensive for you. Even if you are in a situation where you think you are going to run late on payments, you must contact your lender and ask him to make some arrangements.

Likewise, you must also pay down your outstanding debts as soon as possible, as it will help you achieve a better credit score after bankruptcy at a faster pace.

Article Source: http://www.sooperarticles.com/law-articles/immigration-law-articles/tips-improve-your-credit-score-after-bankruptcy-25633.html

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Having been declared bankrupt by the United States bankruptcy court, you are bound to have adverse effects on your credit record. after bankruptcy. You may also look forward to paying your outstanding debts as soon as possibledebt consolidation loan.

Chapter 7 Bankruptcy Exemptions

Author: David Romito

Federal and state bankruptcy laws reflect the public policy value that no one should be deprived of all of their property.  The federal bankruptcy laws, as well as the state laws where you reside, therefore, both allow for certain "exemptions."  Federal exemptions are the same for all bankruptcy filers nationwide, while state exemption limits vary from state to state. The debtor may choose whether to use the federal or state exemptions; in general it’s best to use the federal exemptions because they are more ‘generous’ (that is to say, higher).

How your assets will be treated with respect to these exemptions depends on how much ‘equity’ you have in the property. Equity for all property that is not collateralized (that is, there are no liens against it) is simply the fair market value of the property.  Equity for property that does have a lien against it (the most common examples being a house or a vehicle) is calculated simply by subtracting from the fair market value of the property any amounts you owe on loans secured by that property.  For example, let’s say your house has a fair market value of $200,000, and that you have a first mortgage outstanding balance of $150,000, and a second mortgage (or home equity loan) balance owed of $30,000.  Your equity would be calculated as:

            Fair market value:                                                         $200,00TEMPLATE

            First mortgage balance:                                                $150,00TEMPLATE

            Second mortgage balance:                                            $30,00TEMPLATE

            Total debt secured by home:                                         $180,00TEMPLATE

            Equity in home:                                                            $20,000        

Bankruptcy exemptions set a certain dollar limit on the amount of equity that you can have in a specific type of asset. If you have more equity than what the prescribed exemption allows, the bankruptcy trustee may seek permission from the court to ‘administer’ the property, that is, to sell it in order to distribute the proceeds among your creditors. 

And that raises the very important question, what are the exemption limits for the various types of property?  To help answer that question, below are listed the federal exemption dollar limits for the most common asset types.  Bear in mind, these figures are for a single debtor.  To calculate the figures for a married couple (that is, for joint debtors), simply double the dollar amounts indicated:

Real property                                                         $ 20,20TEMPLATE

Vehicle                                                                  $   3,225

Household goods (clothes, appliances, etc.)             $ 10,775

Jewelry                                                                 $   1,35TEMPLATE

Retirement accounts (401K, 403B etc.)                     unlimited

“Wildcard”                                                              $   1,075*

* There is actually a second, and much larger, “wildcard” exemption available, but it’s a function of what amounts the debtor has used in other categories and is therefore a little more complicated to calculate – you’d be well advised to talk to an attorney about this one.

In sum, then, the above should give you at least a rough idea of whether you are within the limits – as far as assets are concerned – for qualifying for a Chapter 7 bankruptcy.  If you’re not, don’t despair – this might just mean that you’ll need to consider filing under Chapter 13 instead.

Article Source: http://www.articlesbase.com/bankruptcy-articles/chapter-7-bankruptcy-exemptions-730505.html

About the Author

David Romito is a Bankruptcy Attorney handling matters in Pittsburgh and the Western District of Pennsylvania. For more answers to your bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney .

Chapter 7 Bankruptcy Exemptions

Author: David Romito

Federal and state bankruptcy laws reflect the public policy value that no one should be deprived of all of their property.  The federal bankruptcy laws, as well as the state laws where you reside, therefore, both allow for certain "exemptions."  Federal exemptions are the same for all bankruptcy filers nationwide, while state exemption limits vary from state to state. The debtor may choose whether to use the federal or state exemptions; in general it’s best to use the federal exemptions because they are more ‘generous’ (that is to say, higher).

How your assets will be treated with respect to these exemptions depends on how much ‘equity’ you have in the property. Equity for all property that is not collateralized (that is, there are no liens against it) is simply the fair market value of the property.  Equity for property that does have a lien against it (the most common examples being a house or a vehicle) is calculated simply by subtracting from the fair market value of the property any amounts you owe on loans secured by that property.  For example, let’s say your house has a fair market value of $200,000, and that you have a first mortgage outstanding balance of $150,000, and a second mortgage (or home equity loan) balance owed of $30,000.  Your equity would be calculated as:

            Fair market value:                                                         $200,00TEMPLATE

            First mortgage balance:                                                $150,00TEMPLATE

            Second mortgage balance:                                            $30,00TEMPLATE

            Total debt secured by home:                                         $180,00TEMPLATE

            Equity in home:                                                            $20,000        

Bankruptcy exemptions set a certain dollar limit on the amount of equity that you can have in a specific type of asset. If you have more equity than what the prescribed exemption allows, the bankruptcy trustee may seek permission from the court to ‘administer’ the property, that is, to sell it in order to distribute the proceeds among your creditors. 

And that raises the very important question, what are the exemption limits for the various types of property?  To help answer that question, below are listed the federal exemption dollar limits for the most common asset types.  Bear in mind, these figures are for a single debtor.  To calculate the figures for a married couple (that is, for joint debtors), simply double the dollar amounts indicated:

Real property                                                         $ 20,20TEMPLATE

Vehicle                                                                  $   3,225

Household goods (clothes, appliances, etc.)             $ 10,775

Jewelry                                                                 $   1,35TEMPLATE

Retirement accounts (401K, 403B etc.)                     unlimited

“Wildcard”                                                              $   1,075*

* There is actually a second, and much larger, “wildcard” exemption available, but it’s a function of what amounts the debtor has used in other categories and is therefore a little more complicated to calculate – you’d be well advised to talk to an attorney about this one.

In sum, then, the above should give you at least a rough idea of whether you are within the limits – as far as assets are concerned – for qualifying for a Chapter 7 bankruptcy.  If you’re not, don’t despair – this might just mean that you’ll need to consider filing under Chapter 13 instead.

Article Source: http://www.articlesbase.com/bankruptcy-articles/chapter-7-bankruptcy-exemptions-730505.html

About the Author

David Romito is a Bankruptcy Attorney handling matters in Pittsburgh and the Western District of Pennsylvania. For more answers to your bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney .

New York Bankruptcy Lawyers: Chapter 7

Author: marryzalaa

Bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors. Bankruptcy law provides for the development of a plan that allows a debtor to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Few bankruptcy law proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts.

Customer advocate site designed to tell you, the people what you need to know about this new law with words you can understand. Many people turn to a bankruptcy attorney for help. Bankruptcy Lawyers can help explain bankruptcy law and ensure that the bankruptcy process goes as smoothly as possible. When most people think of bankruptcy, they think in terms of Chapter 7, where the unsecured debts are normally discharged in full. Bankruptcy of any variety is a difficult or deal at best, but at least with Chapter 7, a debtor was able to wipe out their debts in full and get a fresh start. Chapter 13, however, is another story, since the debtor must pay back a significant portion of the debt over a 3-5 year period, with 5 years being the standard under the new law. Prior to the advent of the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," the most common reason for someone to file under Chapter 13 was to avoid the loss of equity in their home or other property. And while equity protection will continue to be a big reason for people to choose Chapter 13 over Chapter 7, the new rules will force many people to file under Chapter 13 even if they have NO equity. That's because the means test will take into account the debtor's income level.

Filing Bankruptcy is a difficult decision to make. In 2008 over 1 million Americans filed personal bankruptcy in order to improve their financial situation. Bankruptcy can help you prevent foreclosure of your home, stop debt collector harassment and get a fresh financial start.

However, the figures used by the court for living expenses are NOT your actual documented living expenses, but rather the schedules used by the IRS in the collection of taxes. A big problem here for most consumers is that their household budgets will not reflect the harsh reality of the IRS approved numbers.  So even if you think you are "safe," and will be able to file Chapter 7 because you don't have $100 per month to spare, the court may rule otherwise and still force you into Chapter 13. Some of your actual expenses may be disallowed. What remains to be seen is how the courts will handle cases where the cost of mortgages or home rentals are inflated well above the government schedules. Will debtors be expected to move into cheaper housing to meet the court's required schedule for living expenses? No one has any answers to these questions yet.

It will be up to the courts to interpret the new law in practice as cases proceed through the system. The two most common consumer bankruptcies are Chapter 7 and Chapter 13 bankruptcy. Sponsoring bankruptcy lawyers handle these types of bankruptcies exclusively so you can be sure you are getting accurate legal advice when you file bankruptcy. Bankruptcy attorneys will fight to protect your rights and your property. Bankruptcy attorneys fight the aggressive and annoying creditors for you. They can help you keep your home, vehicles and other property. A bankruptcy lawyer will be committed to getting you debt relief and providing you with valuable information, services and advice to get you a better financial future. There are many convenient locations to make filing bankruptcy or learning about the alternatives we offer, even easier.,

Article Source: http://www.articlesbase.com/bankruptcy-articles/new-york-bankruptcy-lawyers-chapter-7-1545458.html

About the Author

Storobin & Spodek LLP is a NY Chapter 7 law firm. If you are looking to speak to a Bankruptcy Lawyer New York, please call (800) 391-8392

Should I File Chapter 13 Or 7 Bankruptcy?

Author: Eulalia Allmand

If you live are under tremendous financial pressure and unable to pay off your outstanding debts, then filing bankruptcy may be the only viable option that you have.

As an individual you have a choice of filing for bankruptcy under two chapters. An explanation of both the chapters - and how to choose the chapter more suitable for you - is given below.

Chapter 7

You can file for bankruptcy under Chapter 7 only if you pass the "Means Test".

This test involves calculating your gross income and assets and deducting your liabilities and your expenses during the past 6 months prior to you having filed for bankruptcy. These numbers are then compared with the average median income of a similar sized family in Texas.

If your net income is lower, then you qualify for filing under Chapter 7; otherwise, you may have to file under Chapter 13. Once you file under Chapter 7, the court will appoint a trustee, who will sell off your unprotected or non-exempt assets to pay off your creditors.

Your case can be discharged within 6 months if you file for bankruptcy under this Chapter. Since normally your home and cars will be exempt, you will be able to retain these assets.

If your home and car are at risk as a result of not being able to meet your obligations, then you can see why retaining a qualified bankruptcy attorney like Allmand and Lee to file Chapter 7 on your behalf is a wise choice.

Chapter 13 Explained

Unlike Chapter 7, filing under Chapter 13 will give you the chance to repay your outstanding debts over a longer period of time, usually between 3 to 5 years. You also have the chance to keep all your property.

As with Chapter 7, once your attorney files for bankruptcy under Chapter 13 on your behalf, your creditors will no longer be able to foreclose on your home or take your possessions. By law, they must also stop harassing you immediately.

Once you file under Chapter 13, you will need to submit a repayment plan to the court, detailing your plan to pay off your debts. Your bankruptcy attorney can even try to get a part of your loan discharged, so that you can pay off the rest.

If your plan is approved, the court will appoint a trustee, who will monitor your repayment schedule to ensure that you stick to it.

Chapter 13 or 7?

Usually (depending on the situation), individuals try to file for bankruptcy under Chapter 7 in order to get most of their outstanding debts discharged. The time taken to do this is also quite less as compared to filing under Chapter 13.

The problem is that with the new, stricter laws put into place after October 2005, you might find it difficult to file under Chapter 7 and might have to file under Chapter 13. Most of your assets may also be disposed of by the court trustee in order to satisfy your creditors.

This might not happen under Chapter 13.

Therefore, Chapter 13 allows you to stay in control as you chart out a repayment plan stretching between 3 to 5 years. If you are wary of losing many of your assets and do not mind a longer repayment plan, then you could ask your bankruptcy attorney if you can file under Chapter 13.

However, if you want your case to get discharged within a short time and are unable to come up with a long-term plan to raise money to pay off your creditors, then filing under Chapter 7 would be a better option.

So, compare both chapters with your bankruptcy attorney before deciding on which chapter is the better option.

Article Source: http://www.articlesbase.com/finance-articles/should-i-file-chapter-13-or-7-bankruptcy-447212.html

About the Author

Allmand & Lee are bankruptcy lawyers in Dallas, TX who specialize in consumer bankruptcy and offer bankruptcy services that help good people through one of the toughest times in their life. For more information please visit us at http://www.allmandandlee.com/

Chapter 7 Bankruptcy Information - How to file Chapter 7 Bankruptcy

Author: Alexander Travis

If you have been having financial difficulties,here is some chapter 7 bankruptcy information that will help you to learn how to file chapter 7 bankruptcy.

Prior to filing a Chapter 7 bankruptcy case, you must be able to pass under what is called a "means test". This means test figures out which people have the financial ability to pay a significant portion of their bills to creditors. The means test involves comparing the persons's income to the average income of the state or county in which the debtor resides. If the debtor's gross income is above the average, another set of calculations (based on ratios of debt to income) will identify whether he or she can file a Chapter 7 liquidation or Chapter 13 repayment case.

It does not matter where you are located, in order to file bankruptcy, there is a lot of paperwork to file. The bankruptcy process begins with the filing of a petition and many forms with the local bankruptcy court. These forms consist of itemized lists of all your assets, debts, income, expenses, as well as other very important personal background and financial information. In addition, you must file a certificate of credit counseling
, tax returns (or transcripts) for the recent tax year; all tax returns that were filed with the IRS while your bankruptcy case is pending; copies of pay stubs or other proof of income received 60 days prior to filing; statement of currently monthly income and any reasonably anticipated changes in income or expenses after filing.

In a Chapter 7 (liquidation) case, the bankruptcy court will appoint a trustee to represent the interests of your creditors. After a month or so from the date of the filing, you have to be present at a “meeting of creditors” in which the trustee will answer all questions regarding your assets, debts, and other financial information. Despite the name, banks and creditors hardly ever are at these meetings. Once finished with the meeting, the trustee liquidates the property that may be taken from you.  He or she will then take the cash and split it amongst the creditors. Once liquidation is done, the court will schedule one last hearing and discharge all debts. At this point, you no longer legally owe your creditors and they are forbidden from trying to collect anything from you.

Chapter 7 bankruptcy is the "granddaddy of all bankruptcies."  With Chapter 7 liquidation, you start with a clean slate, however, Chapter 7 also comes with the most consequences.  You will have your credit rating drop considerably, most banks and credit card companies will not lend to you, and it is also difficult to finance a car.  Although, due to the current financial crisis, there may be a little bit more leniency given to all bankruptcy filers, but don't expect much.

Article Source: http://www.articlesbase.com/personal-finance-articles/chapter-7-bankruptcy-information-how-to-file-chapter-7-bankruptcy-1750378.html

About the Author

Visit http://www.relieve-debt.com for more Chapter 7 bankruptcy information.

Chapter 7 Bankruptcy Attorney, Costs and Facts You Should Know

Author: Roilee Mandeville

A Chapter 7 bankruptcy attorney has the experience that you need to help you get a fresh financial start. The economy has been tough on many people and the troubles have caused many people to turn to bankruptcy as a last resort to try and get a handle on the downward spiral of money troubles. Chapter 7 bankruptcy is just one of the ways that financial problems can be settled.

Understanding Chapter 7 Bankruptcy

1. Chapter 7 bankruptcy is known as the liquidation or straight bankruptcy option. It means that you will be converting your assets into money to try and meet the requirements of your debts. It is typically the fastest way to get a fresh financial start. Not every situation will qualify for the Chapter 7 bankruptcy option.

2. A court appointed trustee handles the collection of your assets and the selling of those assets. The funds that come from these sales will be paid by the trustee to your creditors.

3. Credit counseling will be required by the court for any person or entity that is filing Chapter 7. The credit counseling will have to be approved by the court and completed within 180 days before the filing. In emergency situations or those rare occasions when credit counseling is not available there will be a required debt management plan that will have to be filed with the court.

4. The right to a discharge, where the debtor no longer has a liability, is only available to individuals that are filing Chapter 7 bankruptcy.

5. There are costs involved with filing Chapter 7 on top of any fees charged by a cheap bankruptcy lawyer. These fees will have to be paid when the bankruptcy is filed with the court. The fees can be paid in installments (up to four) but must be paid in full no later than 120 days after the petition has been filed. The court can waive the fees if your income is less than 150% of the poverty level and you are unable to pay.

6. Filing Chapter 7 bankruptcy will require a large amount of information. You should prepare a list of all your creditors, the amounts of the claims, all your income and those sources, and a complete list of all monthly expenses.

Financial troubles are never fun and these troubled economic times have caused many people to turn to desperate means to get financial problems under control. Bankruptcy may be the only answer to getting things back in order. Chapter 7 bankruptcy lawyers can help you when you need a fresh start with your finances.

Article Source: http://www.articlesbase.com/bankruptcy-articles/chapter-7-bankruptcy-attorney-costs-and-facts-you-should-know-1459467.html

About the Author

Roilee Mandeville maintains a website dedicated to information on how to quickly find a cheap Chapter 7 bankruptcy attorney in 10 minutes or less. He will teach you a better way to research, compare lawyer prices and services when you visit http://www.BankruptcyLawyersAndAttorneys.com/ today. For a limited time he's also giving away FREE e-books about saving money, debt, and a bankruptcy audio guide to help debtors deal with their financial problems. The free download will only be available for a few days so hurry and get them now!

Chapter 7 Bankruptcy Exemptions

Author: David Romito

Federal and state bankruptcy laws reflect the public policy value that no one should be deprived of all of their property.  The federal bankruptcy laws, as well as the state laws where you reside, therefore, both allow for certain "exemptions."  Federal exemptions are the same for all bankruptcy filers nationwide, while state exemption limits vary from state to state. The debtor may choose whether to use the federal or state exemptions; in general it’s best to use the federal exemptions because they are more ‘generous’ (that is to say, higher).

How your assets will be treated with respect to these exemptions depends on how much ‘equity’ you have in the property. Equity for all property that is not collateralized (that is, there are no liens against it) is simply the fair market value of the property.  Equity for property that does have a lien against it (the most common examples being a house or a vehicle) is calculated simply by subtracting from the fair market value of the property any amounts you owe on loans secured by that property.  For example, let’s say your house has a fair market value of $200,000, and that you have a first mortgage outstanding balance of $150,000, and a second mortgage (or home equity loan) balance owed of $30,000.  Your equity would be calculated as:

            Fair market value:                                                         $200,00TEMPLATE

            First mortgage balance:                                                $150,00TEMPLATE

            Second mortgage balance:                                            $30,00TEMPLATE

            Total debt secured by home:                                         $180,00TEMPLATE

            Equity in home:                                                            $20,000        

Bankruptcy exemptions set a certain dollar limit on the amount of equity that you can have in a specific type of asset. If you have more equity than what the prescribed exemption allows, the bankruptcy trustee may seek permission from the court to ‘administer’ the property, that is, to sell it in order to distribute the proceeds among your creditors. 

And that raises the very important question, what are the exemption limits for the various types of property?  To help answer that question, below are listed the federal exemption dollar limits for the most common asset types.  Bear in mind, these figures are for a single debtor.  To calculate the figures for a married couple (that is, for joint debtors), simply double the dollar amounts indicated:

Real property                                                         $ 20,20TEMPLATE

Vehicle                                                                  $   3,225

Household goods (clothes, appliances, etc.)             $ 10,775

Jewelry                                                                 $   1,35TEMPLATE

Retirement accounts (401K, 403B etc.)                     unlimited

“Wildcard”                                                              $   1,075*

* There is actually a second, and much larger, “wildcard” exemption available, but it’s a function of what amounts the debtor has used in other categories and is therefore a little more complicated to calculate – you’d be well advised to talk to an attorney about this one.

In sum, then, the above should give you at least a rough idea of whether you are within the limits – as far as assets are concerned – for qualifying for a Chapter 7 bankruptcy.  If you’re not, don’t despair – this might just mean that you’ll need to consider filing under Chapter 13 instead.

Article Source: http://www.articlesbase.com/bankruptcy-articles/chapter-7-bankruptcy-exemptions-730505.html

About the Author

David Romito is a Bankruptcy Attorney handling matters in Pittsburgh and the Western District of Pennsylvania. For more answers to your bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney .

The Chapter 7 Discharge: What Debts are not Eliminated?

Author: David Romito

Many people are familiar with the most common categories of debts that may be discharged in Chapter 7 bankruptcy. These include credit card account balances, medical bills, old utility and phone bills, and unsecured personal loans. What are not so well known, however, are the types of debts not eligible for discharge in Chapter 7 bankruptcy.

The key to understanding those so called ‘nondischargeable’ debts is a familiarity with the section of the Bankruptcy Code that sets forth a list of ‘exceptions to discharge’. The logic of the code is that if the debt does not fall into one of these categories, it is presumed to be dischargeable unless contested by a creditor. That is to say, a creditor may file an objection to the dischargeability of a particular debt under this section, in which case the court will decide the issue.

Here, then, is the section of the Bankruptcy Code that lists the exceptions to discharge. It’s a lot of densely written legalese, so you might want to just skim through the statute to get the general idea, and then read the summary at the bottom that refers back to the statute where appropriate:

§ 523. Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(1) for a tax or a customs duty—

(A) of the kind and for the periods specified in section 507 (a)(3) or 507 (a)(8) of this title, whether or not a claim for such tax was filed or allowed;

(B) with respect to which a return, or equivalent report or notice, if required—

(i) was not filed or given; or

(ii) was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition; or

(C) with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax;

(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—

(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition;

(B) use of a statement in writing—

(i) that is materially false;

(ii) respecting the debtor’s or an insider’s financial condition;

(iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and

(iv) that the debtor caused to be made or published with intent to deceive; or

(C)

(i) for purposes of subparagraph (A)—

(I) consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

(II) cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and

(ii) for purposes of this subparagraph—

(I) the terms "consumer", "credit", and "open end credit plan" have the same meanings as in section 103 of the Truth in Lending Act; and

(II) the term "luxury goods or services" does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor.

(3) neither listed nor scheduled under section 521 (1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit—

(A) if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or

(B) if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request;

(4) for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny;

(5) for a domestic support obligation;

(6) for willful and malicious injury by the debtor to another entity or to the property of another entity;

(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty—

(A) relating to a tax of a kind not specified in paragraph (1) of this subsection; or

(B) imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition;

(8) unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for—

(A)

(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or

(ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or

(B) any other educational loan that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;

(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;

(10) that was or could have been listed or scheduled by the debtor in a prior case concerning the debtor under this title or under the Bankruptcy Act in which the debtor waived discharge, or was denied a discharge under section 727 (a)(2), (3), (4), (5), (6), or (7) of this title, or under section 14c(1), (2), (3), (4), (6), or (7) of such Act;

(11) provided in any final judgment, unreviewable order, or consent order or decree entered in any court of the United States or of any State, issued by a Federal depository institutions regulatory agency, or contained in any settlement agreement entered into by the debtor, arising from any act of fraud or defalcation while acting in a fiduciary capacity committed with respect to any depository institution or insured credit union;

(12) for malicious or reckless failure to fulfill any commitment by the debtor to a Federal depository institutions regulatory agency to maintain the capital of an insured depository institution, except that this paragraph shall not extend any such commitment which would otherwise be terminated due to any act of such agency;

(13) for any payment of an order of restitution issued under title 18, United States Code;

(14) incurred to pay a tax to the United States that would be nondischargeable pursuant to paragraph (1);

(14A) incurred to pay a tax to a governmental unit, other than the United States, that would be nondischargeable under paragraph (1);

(14B) incurred to pay fines or penalties imposed under Federal election law;

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit…

For sake of brevity let’s stop at this ‘exception category 15’; although the statute provides several more categories, they are very technical and, importantly for our purposes, arise only very rarely. The above portion of the discharge exception statute, then, while not completely exhaustive, does contain the most commonly encountered types of debts not discharged. Let’s summarize the key ones:

§ 523(a)(1) and (14): Most taxes, along with debts incurred to pay them. Simple enough.

§ 523(a)(2)(A) and (B): Debts where the money or property was obtained by fraud – no surprise here.

§ 523(a)(2)(C)(i)(I) and (II): Be warned – don’t buy any large luxury items on credit right before you file; likewise, don’t take any large cash advances. If you’ve already done so, then you’d better wait awhile (at a minimum you should wait the 90/70 day lookback period) before you file your Chapter 7 bankruptcy petition.

§ 523(a)(3): Be absolutely sure that you’ve listed all debts. A safe rule of thumb would be, "if you don’t list it, it won’t get discharged."

§ 523(a)(5) and (15): The vast majority of "family court" obligations, with only very narrow exceptions.

§ 523(a)(8): Student loans, unless the debtor can make a showing of "undue hardship." Courts have generally interpreted ‘undue hardship’ very strictly.

§ 523(a)(9): Most commonly, a debt arising from injuries from a car accident caused by the debtor while DUI.

Again, there are several more categories of nondischargeable debts beyond the ones listed above, but these are the key ones. Before an informed decision can be made as to whether a bankruptcy makes sense for a prospective filer, the debtor must first fully understand the benefits – along with any limits to those benefits – that a bankruptcy filing will afford in his or her specific circumstances. And that means knowing, in advance, exactly what debts will or will not be discharged. Discuss the matter carefully with your bankruptcy attorney – it’s too important an issue to leave to chance.

Article Source: http://www.articlesbase.com/bankruptcy-articles/the-chapter-7-discharge-what-debts-are-not-eliminated-742298.html

About the Author

David Romito is a Bankruptcy Attorney handling matters in Pittsburgh and the Western District of Pennsylvania. For more answers to your bankruptcy questions, please visit his website at Pittsburgh Bankruptcy Attorney .