The Law Offices of Neil Crane has been providing care, solutions and guidance on debt since 1983.  Call our office or submit a chat form today.

What types of debts can be discharged in bankruptcy?

Unsecured debt can be discharged in Chapter 7 bankruptcy or modified under Chapter 13. Secured debt cannot be completely eliminated, but it can often be modified or reduced, depending on the type and value of the secured assets. Tax debts can be eliminated or modified. Unsecured, or dischargeable debt, is any of the following:

Credit card debt
Divorce debt (properly utilized, Chapter 13 can sometimes be used to alter unpayable divorce decrees)
Foreclosure deficiencies
Tax debt (if old enough under several factors)
Medical debt
Gambling debt
Co-signed and joint debts
Repossession deficiencies
Pay day loan debt
Personal loans
Business debt
Personal guarantees

If My Divorce Requires My Ex to Pay the Bills, What Happens If They Don’t Pay?

The short answer is – You’re still on the hook. The delegation of responsibility for debt obligations on credit cards, mortgages, car loans, taxes and other personal debts within a Divorce Decree is not binding on third party creditors, banks or lending institutions. Furthermore, even post-divorce obligations that are being paid and remain completely current will weigh heavily on your future debt-to-income ratio. This will affect your credit score and any ability to properly apply for needed credit or loans at competitive rates long into the future.

Make sure all joint obligations are addressed prior to any divorce action. Be sure to fully separate all joint debts completely prior to the completion of any divorce proceeding. Be certain to legally separate all financial obligations directly with each creditor. Don’t rely on the delegation of responsibilities in your Divorce Decree – It won’t protect you, your future, or your credit score. Compile a complete list and obtain all three credit reports to understand all your joint obligations before completing any divorce proceeding.

What is an Automatic Stay?

The automatic stay will put an immediate stop to:

Any court actions
Any phone calls or contact
Wage garnishment
Bank levy
Property repossession
Attachments
Foreclosure
Lawsuits and judgments against you

The filing of a case in Connecticut will immediately stop all collection efforts on legal action in any state or jurisdiction throughout the country.

Read more about the Bankruptcy process here

What is the difference between Foreclosure or Chapter 13 Bankruptcy?

Chapter 13 bankruptcy is a federal court procedure for the deceleration and repayment of mortgage obligations along with the reduction or elimination of all other forms of debt. The filing of a Chapter 13 bankruptcy creates an immediate stop – known as an “automatic stay” – of the foreclosure process, halting a pending foreclosure and allowing for repayment of the past-due mortgage installments, and other debt obligations, over a three- to five-year time period. Chapter 13 bankruptcy will allow you to begin regularly scheduled monthly mortgage payments as if no previous default had ever occurred.

Read more about Chapter 13 Bankruptcy

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy is the most affordable and comprehensive debt relief available under the Bankruptcy Code. It completely discharges almost all forms of unsecured debt – allowing people to permanently eliminate unsecured debts, such as:

Lawsuits, judgments and garnishments
Credit card debt
Medical bills
Old apartment rent payments
Many types of older tax debt
Personal unsecured loans (loans not secured by collateral)
Other debts

Read more about Chapter 7 and Credit Card Debt Relief