Chapter 7 Bankruptcy

The Dietrich Law Firm in Lansing and Owosso, Michigan can help solve your financial problems

Filing for bankruptcy is not an easy decision. But if you are inundated with calls from creditors demanding payments and your mailbox is filled with bills, bills, and more bills, a Chapter 7 bankruptcy may be your best solution. It all depends on the debts that can be discharged, those that may be discharged, and those that cannot be discharged.

Debts that are discharged

A Chapter 7 bankruptcy, commonly known as liquidation, is usually the quickest and easiest form of bankruptcy for individuals, married couples, partnerships, and corporations. You are allowed to keep some of your property, known as exempt property, and the rest of your property, known as non-exempt property, is sold by a court-appointed trustee, who then uses that money to pay your creditors. And even if you do not have non-exempt property, you may still proceed with a Chapter 7 bankruptcy to discharge many of your debts, including—

  • Personal loans
  • Credit cards
  • Repossession deficiencies
  • Auto accident claims
  • Judgments
  • Business debts
  • Leases
  • Guaranties
  • Negligence claims

Debts that may be discharged

The following debts may also be discharged—

  • Willful and malicious injuries to others
  • Embezzlement
  • Debts incurred by fraud or dishonesty
  • Debts arising from breach of fiduciary duty

For these debts not to be discharged, creditors must specifically request that the court make a determination. Otherwise, these debts will be discharged.

Mortgages and other secured debt can be discharged if you surrender the collateral.

Debts that cannot be discharged

Some debts are not dischargeable in bankruptcy, including—

  • Recent taxes
  • Trust fund taxes
  • Child or spousal support
  • Criminal fine or restitution
  • Auto accident claims involving intoxication
  • Penalties payable to the government other than tax penalties
  • Student loans
  • Debts listed in prior bankruptcy where debtor was denied a discharge or the discharge was revoked

Find out what is best for you

Determine whether a Chapter 7 bankruptcy is right for you. Speak to a Dietrich Law Firm bankruptcy attorney. We have offices in both Lansing and Owosso, Michigan, and your initial consultation is free.

Call us today toll-free at 877.337.1136 or click here to contact us online to discuss your bankruptcy issue in the Greater Lansing area.

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