What Kind of Loan Debt Is not Alleviated When You File for Bankruptcy?

Not all debts can be discharged trough bankruptcy, including child support, alimony, certain unpaid taxes, and more. Other types of debt, like student loan debt, is very difficult to get discharged. Most other loan debt can be alleviated through bankruptcy.

Bankruptcy offers people who are overwhelmed by debt an opportunity for a fresh start through either liquidation (Chapter 7) or reorganization (Chapter 13). In both cases, the bankruptcy court can discharge certain debts, but not all types of debt. Once a debt has been discharged, the creditor can no longer take action against the debtor, such as attempting to collect the debt or seizing any collateral.

Learn more about what kind of loan debt is not alleviated when you file for bankruptcy, and what kind of debt is difficult to discharge.

Chapter 7 vs. Chapter 13

Chapter 7 and Chapter 13 are the two most common types of personal bankruptcy.

In a Chapter 7 bankruptcy, a trustee appointed by the bankruptcy court will liquidate (sell off) many of your assets and use the proceeds to pay your creditors some portion of what you owe them. Certain assets are exempt from liquidation. Those typically include part of the equity in your home and automobile, clothing, any tools you need for your work, pensions, and Social Security benefits.

Your nonexempt assets that can be sold off by the trustee include property (other than your primary home), a second car or truck, recreational vehicles, boats, collections or other valuable items, and bank and investment accounts.

In Chapter 7, your debts are typically discharged about four months after you file your bankruptcy petition, according to the Administrative Office of the U.S. Courts. Bankruptcy is governed by federal law and overseen by federal bankruptcy courts, although some rules differ from state to state.

In a Chapter 13 bankruptcy, by contrast, you commit to repaying an agreed-upon portion of your debts over a period of three to five years. As long as you meet the terms of the agreement, you are allowed to keep your otherwise-nonexempt assets. At the end of the period, your remaining debts are discharged.

Debts Never Discharged in Bankruptcy

While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you, not all debts are eligible for discharge.

The U.S. Bankruptcy Code lists 19 different categories of debts that cannot be discharged in Chapter 7, Chapter 13, or Chapter 12 (a more specialized form of bankruptcy for family farms and fisheries).

While the specifics vary somewhat among the different chapters, the most common examples of non-dischargeable debts are:

• Alimony and child support.
• Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years.
• Debts for willful and malicious injury to another person or property. “Willful and malicious” here means deliberate and without just cause. In Chapter 13 bankruptcy, this applies only to injury to people; debts for property damage may be discharged.
• Debts for death or personal injury caused by the debtor’s operation of a motor vehicle while intoxicated from alcohol or impaired by other substances.
• Debts that you failed to list in your bankruptcy filing.

If you file for a Chapter 7 bankruptcy, then you will also continue to owe any condominium or cooperative association fees, along with any other debts that were not discharged in a prior bankruptcy.

You can usually keep your car by reaffirming your car loan and continuing to make payments. Similarly, you can usually keep your home if you declare bankruptcy, even if you owe money on it, as long as you continue making the payments and don’t have more equity than you are permitted under state and federal bankruptcy laws.

Debts That Are Difficult to Discharge in Bankruptcy

Student loans are among the type of debt that is difficult to alleviate when you file for bankruptcy. You must demonstrate undue hardship to yourself or your dependents, such as being unable to maintain a minimal standard of living.

In some cases, a court may discharge part, but not all, of your student loan debt. If student loan debt is a major reason for your considering bankruptcy, contact your loan servicer first and see if it’s possible to negotiate a repayment plan that would work for you. In the case of federal student loans, for example, several repayment plans are available.

You cannot have income tax debts discharged without a special exemption, which can only be obtained by petitioning the bankruptcy court and explaining why you deserve relief. So if you have income tax debts that you cannot repay, then you may be better off consulting with a tax attorney to discuss your options before filing for bankruptcy.

In the case of federal taxes, for example, the Internal Revenue Service (IRS) can offer several alternatives to people who are unable to pay what they owe. One is an offer in compromise, in which the IRS agrees to accept a lesser amount. The IRS may also arrange for a payment plan, or an installment agreement, that will allow you to pay your taxes over an extended period of time.

Debt Relief Alternatives to Bankruptcy

Bankruptcy has serious consequences. A Chapter 7 bankruptcy will remain on your credit reports for 10 years, and a Chapter 13 will remain for seven years. That can make it more expensive or even impossible to borrow money in the future, such as for a mortgage or car loan, or to obtain a credit card. It can also affect your insurance rates.

So it’s worth exploring other types of debt relief before filing for bankruptcy. Debt relief typically involves negotiating with your creditors to make your debts more manageable, such as reducing the interest rates, canceling some portion of the debt, or giving you longer to repay. Debt relief often works to the creditor’s advantage, too, as they are likely to get more money out of the arrangement than if you were to declare bankruptcy.

You can negotiate on your own or hire a reputable debt relief company to help you. As with credit repair, there are scam artists who pose as debt relief experts, so be sure to check out any company that you’re considering. Investopedia publishes a regularly updated list of the best debt relief companies.

The Bottom Line

Bankruptcy can help you eradicate debt that has become unmanageable to the point where you cannot pay it. However, it does have some downsides to keep in mind, including a long-term impact on your credit score. Weigh all your options as well as the pros and cons of filing for bankruptcy before you take action, and consider consulting with a professional financial advisor.