What Types of Debts Can Bankruptcy Get Rid Of?

Debts You Can Get Rid Of

  • credit card charges (including overdue and late fees)
  • collection agency accounts
  • medical bills
  • personal loans from friends, family, and employers
  • money owed under lease agreements (includes past due rent)
  • utility bills (past due amounts only)
  • dishonored checks (unless based on fraud)
  • student loans (only in a few rare circumstances)
  • repossession deficiency balances 
  • auto accident claims (except those involving drunk driving)
  • business debts
  • attorney fees (except child support and alimony awards)
  • civil court judgments (unless based on fraud)
  • tax penalties and unpaid taxes past a certain number of years 
  • revolving charge accounts (except extended payment charges)
  • social security overpayments, and veterans assistance loans and overpayments.

Debts You Can't Get Rid Of

Although bankruptcy eliminates some debt, it doesn't eliminate all types of debt. You may not be able to eliminate certain types of debt, including child support, alimony, student loans, tax debts and secured debts.

The following debts are not dischargeable in Chapter 7, but can be discharged in Chapter 13 bankruptcy:

  • marital debts created in a divorce or settlement agreement
  • debts incurred to pay a non-dischargeable tax debt
  • court fees
  • condominium, cooperative, and home­owners’ association fees incurred after the bankruptcy filing date
  • debts for loans from a retirement plan
  • debts that couldn’t be discharged in a previous bankruptcy.
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