The Daily Insight

Bringing clear, reliable news and in-depth information to keep you informed with context and clarity.

education insights

Do you have to pay debt after filing bankruptcy?

Writer Sarah Duran

Generally speaking, you don’t have to keep making payments on a debt once your Chapter 7 bankruptcy has been filed unless the debt is tied to specific property, like a car loan or a mortgage.

What happens to debts incurred before filing for Chapter 7?

Many kinds of debt require monthly payments that continue throughout your bankruptcy, such as car loans or mortgages. If the monthly obligations on these debts were incurred before you filed for bankruptcy, they are pre-petition debts and the bankruptcy will discharge your personal liability on them.

How long does it take to pay off student loans after bankruptcy?

12 months after bankruptcy. At this point you’re discharged from your bankruptcy. Most of your debts are formally written off at this time, although you’ll still have to pay some, including student loans, criminal fines and fraudulent debts.

What happens when you file Chapter 13 bankruptcy?

After your creditors are paid and your eligible debts are discharged, you’re no longer responsible for repaying your debts (as long as they’re included in the discharge). Rather than having eligible debts completely discharged, Chapter 13 bankruptcy is more like an extended repayment plan.

What happens if you don’t file bankruptcy?

Failure to file returns and/or pay current taxes during your bankruptcy may result in your case being dismissed. Partnerships and corporations file bankruptcy under Chapter 7 or Chapter 11 of the bankruptcy code. Individuals may also file under Chapter 7 or Chapter 11.

Are you owed money from a business that filed for bankruptcy?

Suppose you have been doing business with a company that owes you money or has been late in paying for services that you have provided. You might have even filed a lawsuit to obtain the payments. But then you receive a notice that the company has filed for bankruptcy.

Can a bankruptcy case be filed in a state court?

Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court. Suppose you have been doing business with a company that owes you money or has been late in paying for services that you have provided.

When do you stop paying creditors in bankruptcy?

Of course, every case is different and the specifics of your case and your debts should be discussed with your attorney. However, in most Chapter 7 bankruptcy cases, payments for unsecured debts are generally stopped, while payments on secured debts and household expenses are continued. When will you file?

Are there any debts that can not be discharged in bankruptcy?

Debts Never Discharged in Bankruptcy. The U.S. Bankruptcy Code lists 21 different categories of debts that cannot be discharged. Perhaps the most common debts that cannot be discharged under any circumstances are child support and alimony.

Can you pay off student loan debt without bankruptcy?

If you have income tax or student loan debt, you may be able to negotiate a workable repayment plan without filing for bankruptcy.