- Home
- Legal Information
- Bankruptcy
- Are all of my debts dischargeable during a Chapter 7 bankruptcy?
Are all of my debts dischargeable during a Chapter 7 bankruptcy?
Nope.
Dischargeable debts are unsecured debts such as credit cards, medical bills, and personal loans. "Unsecured" means that there is no lien on an asset.
"Secured" debts are those that "guarantee" payment of debt with a lien such as a mortgage on a house or a lien on your car. You can get rid the debt only if you give up the house or car.However, second and third mortgages that are no longer secured by the value of a house may be discharged. They are no longer secured and become in essence, dischargeable personal loans.
Some unsecured debts are not dischargeable for overriding public policy reasons. For example, child support, criminal restitution and fines, student loans, most tax debts are not dischargeable in bankruptcy.
If you have high non-dischargeable debt, it may be better to file bankruptcy under Chapter 13, even if you qualify for Chapter 7. Under Chapter 13, you'll get a stretch out of payments over 3 to 5 years and you may be able to negotiate better terms such as no interest.Under Chapter 7, there is no payment stretch out; you have to keep up with payments or be subject to garnishments and lawsuits.
More articles about Bankruptcy
What is Bankruptcy Law?
Begin learning about Bankruptcy here with a general overview and breakdown of options.
Bankruptcy Glossary
Demystify bankruptcy terminology with our helpful glossary.
Benefits of Chapter 7 Bankruptcy
Our overview of bankruptcy under Chapter 7 - discharge unsecured debts while preserving assets.
Chapter 13 Bankruptcy vs. Chapter 7
Our overview of bankruptcy under Chapter 13. Detailed comparison between Chapters 7 and 13.
Why You Cannot Lose Your Bankruptcy Case
What you need to do to win your bankruptcy case.
How to Keep Your House in Bankruptcy
The most common question asked of bankruptcy attorneys. Our guide reviews the challenges.
Browse Bankruptcy attorneys
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Delaware
- Florida
- Georgia
- Hawaii
- Iowa
- Idaho
- Illinois
- Indiana
- Kansas
- Kentucky
- Louisiana
- Massachusetts
- Maryland
- Maine
- Michigan
- Minnesota
- Missouri
- Mississippi
- Montana
- North Carolina
- North Dakota
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- New York
- Nevada
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Vermont
- Washington
- Wisconsin
- West Virginia
- Wyoming