Too many people have the misunderstanding that by simply filing for bankruptcy all of their debts will be discharged. This is not a correct understanding of how bankruptcy works. Simply filing for bankruptcy does not guarantee that you will be successful. There are many reasons why your bankruptcy filing might not result in all of your debts being discharged. Below is an overview of the reasons why your bankruptcy proceeding might not be successful when it comes to alleviating all of your debt burden.
Bankruptcy proceedings are dismissed by the bankruptcy court for one reason or another. It could be that the court has determined that you have filed for bankruptcy too recently before your current bankruptcy filing (meaning that you can only file for bankruptcy once every so many years). Or the court might believe that you have attempted to commit fraud by either hiding assets from the bankruptcy court or by transferring assets prior to filing for your bankruptcy so those assets would not become part of your bankruptcy proceeding. The court may also dismiss your bankruptcy proceeding because you did not complete the required pre-bankruptcy credit counseling session that is required to be performed within six months preceding your bankruptcy filing.
It’s also possible that your bankruptcy case might be dismissed on technical grounds. For instance, you may have filed for Chapter 7 bankruptcy and then when the bankruptcy court performed the means test to assess whether you are eligible, it may come to light that you make or have too much money to qualify for this type of bankruptcy. This means that you should have filed for Chapter 13 bankruptcy instead, and your Chapter 7 bankruptcy will be dismissed.
Even if your bankruptcy petition is successful, there are certain types of debt that cannot be discharged through bankruptcy proceedings. The debts that cannot be discharged through bankruptcy are expressly laid out in the tax law, and include those such as:
Non-dischargeable debts will remain with you even if you are able to discharge other debts during your bankruptcy, such as credit card debt, medical debt, overdue utility bills and unpaid personal loans. To say this another way, part of your debt load may be dischargeable through bankruptcy, but the balances you owe that are associated with non-dischargeable types of debt will remain with you and you will be responsible for repaying those non-dischargeable debts back to your creditors.
An experienced bankruptcy law can help you figure out which type of bankruptcy to file and what debts you have that can be discharged through bankruptcy. The experienced Michigan bankruptcy lawyer at the office of Karen E. Evangelista, PC have helped countless individuals and families as they have gone through the bankruptcy process and we can help you too. Please feel free to contact us today at 248-652-7990.
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