The word
"dischargeable" means that something can be forgiven or eliminated, usually in the context of a debt or obligation.
Full definition
I'm not going to lie, student loans are frustrating, they carry a fairly high interest rate when compared to other debt, like purchasing a home, and they are generally
not dischargeable in bankruptcy.
However, certain debts are not
dischargeable under Chapter 7; most student loans, recent taxes, alimony, child and court ordered support payments and drunk driving judgment.
I posted an explanation
of dischargeable debts HERE, and today I'm focusing on Exceptions to Discharge.
A bill currently pending in Congress, S. 114, the Fairness for Struggling Students Act of 2013, would make private student
loans dischargeable in bankruptcy.
All taxes owing are unsecured debts fully
dischargeable by bankruptcy (and proposals).
Congress has determined that these types of debts are not
dischargeable for public policy reasons (based either on the nature of the debt or the fact that the debts were incurred due to improper behavior of the debtor, such as the debtor's drunken driving).
Certain other dissolution related obligations, such as payments to others, hold harmless provisions and property settlement obligations, are not
dischargeable if the debtor has the ability to pay them and the detriment to the spouse outweighs the benefit of the discharge to the debtor.
Student loans are almost
never dischargeable in bankruptcy, unlike credit card debt, mortgages, car loans, and most other forms of consumer debt.
Student loan lenders have particular protections against default as student loans are regularly non
dischargeable unless the borrower can prove undue hardship.
Unlike other types of loans, if you are unable to make payments, student loans are generally not
dischargeable with bankruptcy.1 Defaulting on a student loan can result in anything from being sued for the amount of the loan, to the...
You might need the bankruptcy to protect yourself from the deficiency, clean up your credit, and get rid of
other dischargeable debts.
«The court will retain jurisdiction to enforce payment of debt obligations, in the event a party files bankruptcy, including, but not limited to, the ability to determine the debt assigned is in the nature of Maintenance, necessity or support and is therefore
non dischargeable in bankruptcy, and / or making a future spousal support order, regardless of the spousal support order set forth below under FOURTH: SPOUSAL SUPPORT.»
NACBA supports making private students loans
dischargeable again (as they were before the 2005 law).
The private loans in this special subset of
easily dischargeable private student loans are for schools or education that was obtained at an ineligible education institution.
Do I have debts, in addition to my mortgage, that are not
dischargeable after death (such as private student loans)?
In these cases, the Court may also deny your Chapter 7 petition in whole, meaning that you can not be discharged from
regularly dischargeable debts.
Moreover, not all debts are
dischargeable so you will end up with some outstanding obligations you will need to meet on a monthly basis, thus limiting your income.
Tax debt is
only dischargeable in bankruptcy if it is at least three years old and the following conditions are met:
Mrs. Gleason requests that each and every one of the Loans should be
deemed dischargeable by this Court pursuant to 11 USC § 523 (a)(8).
Chapter 7 is not a payment plan, all the unsecured debt that is
legally dischargeable is erased with no payment whatsoever and the consumer gets a fresh start.
That is: PSLs should be
automatically dischargeable in bankruptcy unless the bankruptcy judge finds that the bankruptcy petition has been filed in bad faith.
Large credit card purchase or cash advances incurred within 70 to 90 days of filing might not be
considered dischargeable by the court.
So if you have
legitimately dischargeable debts, like medical expenses or a pile of overdue bills in collections, be sure to list them or you'll miss the bankruptcy boat.
CINgroup estimates that of the 750,000 consumer bankruptcies filed each year, there could be up to 50,000 cases of
potentially dischargeable student debt.
Because tax debts are not
always dischargeable in Chapter 7 bankruptcy, a debtor may wish to explore options through Chapter 13 bankruptcy.
Fortunately, medical bills are
often dischargeable through the bankruptcy process, so that individuals and their families can get a fresh start once those bills are reduced or eliminated.
It's the equivalent of paying off a home mortgage and is not
even dischargeable in bankruptcy (at least that is what I am told by those who practice in the area).
Most of these loans are not
dischargeable upon death, leaving parents, co-signers, or spouses to pay off student loan debt.
Phrases with «dischargeable»