What Debtor’s Should Be Aware About The Difficulties Of Using Chapter 7
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An individual who makes a formal application for a bankruptcy case would like to seek for as many debt discharges as one can. The universal imperative is that every debt created prior to the Chapter 7 filing is wiped out. An individual will no longer be liable for any claim with bankruptcy discharge. While debts can be discharged, financial obligations like mortgage or car loan are not discharged by formally applying for Chapter 7.
An individual can expect that there could be financial obligations that will not be eliminated by filing bankruptcy as there are some that are exempted. A number of creditors will persist on their claims by formally applying for exclusions to the bankruptcy court. The creditor can claim that the debt was obtained by false statement or other forms of dishonesty. If the court does not discharge any debt, the creditor has to be paid and this will have a considerable impact on a debtor’s bankruptcy filing goals.
Once the debtor’s debts have become extremely arduous, Bankruptcy Code wipes out debts, but it also provides certain special exceptions to make sure that this alleviation is granted only to the “honest but unfortunate debtor.”. The Bankruptcy Code has some debt discharge exceptions. These are classified into two sections: non-dischargeable debts due to the debtor’s misconduct and non-dischargeable debts due to public policy.
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Samples of debts that are not dischargeable as a result of of unlawful action are those obtained through deception or any form of crime. The non-dischargeable debts due to public policy include educational loan, child support, alimony, customs duties and taxes, government fines, penalties, and forfeitures, unscheduled claims, and certain debts that survive a preceding bankruptcy case. These two categories of exemptions will not make a debt dischargeable so the debt continues.
A debtor who has used a credit card to buy anything that is considered as luxury, costs over $500, and obtained within the period of 90 days before formally applying for bankruptcy will not be discharged from the financial obligation. In addition, several courts have found certain credit card debts to be not dischargeable for the reason that each time a person charges something to a credit card it implies that the debtor can pay and will pay for the charged amount.
Upon Chapter 7’s final discharge, a debtor should be knowledgeable of the following conditions in which the court could disapprove the debt discharge: court order noncompliance, forging documents, giving false accounts, oath, or claims deliberately, conceals estate records, unable to present proper explanation about loss of assets, destroys or hides property a year before or after formally applying for Chapter 7, and any action or failure to act for the debtor’s own benefit only. A bankruptcy court judge can also deny a bankruptcy case for any unscheduled debt, fees or payments that were not paid, or causing proceedings delay with no adequate reason.



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