- Divorce
- Child SupportA chapter 7 can generally discharge (eliminate) all credit cards, personal loans (not secured) and medical debts. You can discharge a secured debt (vehicle, boat or trailer loan) if you wish to surrender the asset. If you wish to keep the asset, you will need to execute a Reaffirmation Agreement (the attorney will take care of this and explain it to you). You may not discharge a debt incurred “fraudulently” in a chapter 7 but you may in a chapter 13. Some federal tax debts are dischargeable – it depends how old the debt is and when the tax return was filed. Student loans are not automatically dischargeable. A separate action within the bankruptcy called and Adversary Proceeding must be filed and served on the Department of Education and the student loan provider. Alimony and child support may not be discharged.
- Spousal SupportChapter 7 Bankruptcy is what most people think of when they hear the term “bankruptcy”. Under Chapter 7, an individual (or married couple), asks the Federal Court for a “Discharge” of their debts. Though all debts must be disclosed in the bankruptcy filing, not all debts will be discharged in Chapter 7. Debts that will not be discharged include child support/alimony, some tax debt and most student loans. General Unsecured Debts will be discharged. These generally include credit cards, personal loans not attached to property, medical bills and collections.
- Business Disputes
- Land Use and Zoning
- Personal Injury
- Estate Planning
- Trusts
- BankruptcyA bankruptcy filing for an individual is called a Consumer Bankruptcy. Individuals can generally seek relief from their debts filing either a Chapter 7 or Chapter 13 bankruptcy petition. Bankruptcy cases are filed in the Federal Court and are administered by a Trustee appointed by the United States Trustee with a Federal Judge overseeing the process.