Understanding dischargeable debts in Chapter 7 Bankruptcy
Do you want to know what is the role of dischargeable debts chapter 7 in Kansas City, MO? The process of filing for bankruptcy is indeed lengthy and complex. As individuals and business owners searching for relief via Chapter 7, it is indeed crucial to have a proper understanding of which debts can be discharged.
At Jeppson Law Office, we understand the challenges that people encounter when dealing with overwhelming debt. With over a decade of experience practicing bankruptcy law, you can be confident that we have the skills required for your complex bankruptcy case. If you need prudent legal advice, schedule a free consultation today!
What Are Dischargeable Debts in Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a legal process designed to provide individuals and businesses with a fresh financial start by eliminating their unsecured debts. It is the most common form of bankruptcy in the U.S. and is often referred to as “liquidation bankruptcy.” To qualify for Chapter 7 bankruptcy, individuals must meet certain eligibility criteria. The primary requirement is passing the means test, which determines whether your income is low enough to file for Chapter 7.
A bankruptcy discharge is a ruling by the bankruptcy court that annuls a legal agreement between a debtor and a creditor. Without the contract, neither the filer nor the creditor is obligated by law to make payments on the discharged debt.
On the other hand, keep in mind that the debt will not entirely disappear. The credit report of the filer will show the discharged in bankruptcy for only a decade or ten years and its notation impact on its credit score will lessen eventually.
Generally, most individuals or businesses will receive the discharge order for at least four months after filing the bankruptcy.
Which Debts are Included in Chapter 7 Bankruptcy Discharge?
In Chapter 7 bankruptcy, the following types of debts are generally dischargeable:
- Credit card debt – This includes outstanding balances on credit cards, store cards, and other unsecured lines of credit.
- Medical bills – Debts from medical treatments, hospital stays, and other healthcare-related expenses can typically be discharged.
- Personal loans – Unsecured personal loans, such as loans from family or friends or loans from financial institutions, can be discharged.
- Past-due utility bills – If you owe money to utility companies for services like electricity, water, or gas, those debts can be discharged.
- Collection agency accounts – Debts that have been sold to collection agencies, including old debts that have been charged off by the original creditor, are generally dischargeable.
- Lawsuit judgments – Most lawsuit judgments can be discharged. Still, there are exceptions for certain types of judgments, such as those related to fraud, intentional harm, or personal injury caused while intoxicated.
- Repossession or foreclosure deficiencies – If you had a car repossessed or a home foreclosed upon, and there was a remaining balance owed after the sale of the property, that deficiency amount can usually be discharged.
Why Your Filing Date May Have an Impact On Your Dischargeable Debts?
The filing date of your Chapter 7 bankruptcy case can affect the debts that are covered and discharged. It’s important to be cautious about incurring new debts leading up to and during the bankruptcy process. Incurring significant debts shortly before filing for bankruptcy can raise concerns about fraudulent behavior or the intent to discharge debts that were incurred with no intention of repayment.
Pre-filing debt refers to debts that you owe prior to filing for bankruptcy. These debts are typically included in your bankruptcy case and can be discharged through Chapter 7 bankruptcy, provided they meet the criteria for dischargeability.
When you file for Chapter 7 bankruptcy, you are required to disclose all of your debts, including those you owe before filing. This allows the bankruptcy court to determine which debts can be discharged and which are non-dischargeable.
Post-filing debt refers to debts that you incur after you have filed for bankruptcy but before your bankruptcy case is finalized. These debts are generally not included in your bankruptcy case and are not automatically discharged through Chapter 7 bankruptcy.
When you file for Chapter 7 bankruptcy, an automatic stay goes into effect, which prohibits creditors from taking collection actions against you. However, this protection generally only applies to debts that were incurred before the filing date.
If you incur new debts after filing for Chapter 7 bankruptcy, you are generally still responsible for repaying those debts. The bankruptcy filing does not discharge or eliminate any debts that arise after the filing date.
Why Do I Need a Bankruptcy Lawyer in Kansas City, MO?
Filing for bankruptcy is not an easy process. If you don’t know the process from start to finish, it can even be more difficult for you to handle your situation. As a rule of thumb, it is always best to have a lawyer that can help you learn the ropes of filing a bankruptcy.
Here are the top reasons why you’ll need a Missouri bankruptcy attorney:
- Experience and knowledge – A bankruptcy lawyer well-versed in this area of law and has in-depth knowledge of the bankruptcy process, local court rules, and applicable state laws. They can provide guidance on the best course of action for your specific financial situation and ensure that your rights are protected.
- Proper evaluation of your options – A bankruptcy lawyer will assess your financial circumstances and help you determine if bankruptcy is the right choice for you. They can evaluate alternatives to bankruptcy, such as debt consolidation or negotiation, and advise you on the most appropriate solution.
- Proper Guidance – Filing for bankruptcy involves numerous steps, paperwork, and deadlines. A bankruptcy lawyer will guide you through the entire process, ensuring that all necessary documents are completed accurately and submitted on time.
- Protection from creditor harassment – Once you hire a bankruptcy lawyer, they will handle communications with your creditors. This means that you will no longer have to deal with harassing phone calls, letters, or legal actions from creditors. Your lawyer will handle these matters and provide you with peace of mind.
At Jeppson Law Office, we believe everyone deserves a second chance and a fresh start in life. We have the experience and knowledge to help you properly evaluate your options and guide you throughout the bankruptcy process. Contact our attorneys today if you’re ready to let go of your debt!
Call our Kansa City Bankruptcy Attorney Now!
Filing for Chapter 7 bankruptcy can provide you with immediate relief from creditor calls, letters, and legal actions. Dischargeable debts Chapter 7 is one of the perks that you may obtain. Our skilled attorneys will shield you from harassing tactics, allowing you to regain control of your life.
But remember, Chapter 7 bankruptcy won’t clear all your debts. That’s why you need our experienced legal team by your side. We’ll meticulously assess your financial situation, strategize the best course of action, and protect your rights throughout the process.
Don’t risk costly mistakes or overlooked opportunities. Maximize the discharge of your eligible debts and safeguard your valuable assets with Jeppson Law Office. Our bankruptcy lawyers are well-versed in the complexities of bankruptcy law and will guide you step-by-step, ensuring a smooth and successful filing. We can also help you understand divorce & bankruptcy, exemptions, and credit repair more.