- Child SupportNote that not all debts are dischargeable under Chapter 7. You’ll still be on the hook for legal obligations like child support, alimony, or student loans. However, it
- Spousal SupportA Chapter 13 cannot relieve you of your child or spousal support obligations, and those payments must be factored into the calculation of your disposable income. You also cannot discharge most student loan obligations. Taxes due are also largely not subject to discharge.
- DUI/DWINo. There are some debts that cannot be discharged under any circumstances such as child support, alimony, any debt owed as a result of drunk driving, and criminal restitution. You cannot discharge a debt where fraud was present or where there was a willful or malicious injury. An example of fraud would be where you gave false information on a credit application and the creditor granted you a loan based upon the false information. Another example would be where you made a large purchase or obtained a large cash advance on a credit card knowing that you were having financial problems and would have difficulty repaying the debt. Generally, you cannot discharge old taxes unless it has been more than three years since you filed your tax return for that year. Student loans present particular problems because the government has tightened the rules considerably over the past several years. To discharge a student loan requires that you sue the government and prove, among other things, that if you were required to repay the loan, it would create an "undue hardship" for you. Lawsuits against the government are very expensive so you should probably approach filing bankruptcy knowing that you will end up having to repay the student loan. The government now has programs that will allow you to repay the loan over as many as 30 years. The result is low payments over a long period of time. In a Chapter 13 filing, you can discharge tax debts at the end of the 3-5 year period even if you did not file a tax return The rules regarding the elimination of debts in bankruptcy are complicated. You should consult with an expert in bankruptcy before filing.
- BankruptcyA financial plan based upon the data contained in your Chapter 7 or Chapter 13 bankruptcy file will give you concrete information to use in developing a livable budget. By utilizing the Bend financial management services I have developed and creating a breakdown by category of all your expenses and where all your money goes, you will be able to create a budget that covers your living expenses and bill payments. By cutting out luxuries and non-essentials that you paid for in the past, you will have a budget that will cover your necessary expenses and should leave you some money left over to put into savings. By ensuring that you regularly add to your savings account so it continues to grow, you will ensure your own financial security, and lending institutions will be reassured that you have "turned over a new leaf." Saving money and making only planned purchases will give you far more control. To build credit by getting a new loan, you can have a cosigner on your loan agreement or take out a secured loan. As a Bend credit counseling professional, I can help and advise you on these and other methods of restoring your credit. I have been helping clients through bankruptcy for over four decades. Many of my clients are pleasantly surprised at how quickly their credit is restored.
- ForeclosureDespite popular misconceptions, Chapter 7 doesn’t leave you with nothing. In most cases, clients get to keep all of their assets like their home, furniture, clothing, bank accounts and car, but it can’t prevent all foreclosures and those with a mortgage in jeopardy may want to look into a Chapter 13 option. Under Oregon law, the exemption limits are based on the value of your property