Individuals can file for bankruptcy under Chapter 7 (liquidation) or Chapter 13 (a “consumer reorganization”, or debt adjustment case).
In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. Most liens, however (such as real estate mortgages and security interests for car loans), survive. Other assets, if any, are sold (liquidated) by the interim trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7.
Common exceptions to discharge include child support, income taxes less than 3 years old and property taxes, student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing nor are property settlements through divorce. Despite their potential non-dischargeability, all debts must be listed on bankruptcy schedules.
This information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The Hillsboro, Oregon bankruptcy attorneys, Portland, Oregon bankruptcy attorneys and Vancouver WA bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.
For more information about the Bankruptcy Practice Group, click on the links below:
- About Bankruptcy
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Common Myths about Filing for Bankruptcy
- Frequently Asked Questions about Filing for Bankruptcy
- Why Should You Hire a Bankruptcy Attorney?
- Eliminating Second Mortgages through Chapter 13 Bankruptcy
- The Process of Filing for Bankruptcy
- Things to Avoid before Filing Bankruptcy
- Stopping Home Foreclosure through Bankruptcy
- Filing for Bankruptcy: A Fresh Start
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