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Why Some Debts Are Exempt from Your Case When You File for Bankruptcy in Windom, MN

December 12th, 2018 · No Comments

For hundreds of years, bankruptcy was wrongfully associated with morally unsound citizens who could not manage their finances. The reality, however, is that people are stuck with debt because of a wide range of circumstances. Today, individuals can accrue debt from more sources than ever before—from credit cards to student loans to medical costs. You are not alone if you are struggling to meet debt payments each month, and like many other debtors in the United States, you can recover financial stability in your life by filing for bankruptcy. With the help of Behm Law Group, Ltd. in Windom, MN, you can decide which type of bankruptcy is right for you and build a strong case to resolve your debt.

Filing for bankruptcy is a viable solution for many debts but be aware that some debts are not dischargeable through the bankruptcy process. The majority of debts the common U.S. individual holds can be included in all bankruptcy formats, including Chapter 7 and Chapter 13. These bankruptcy formats include debt from credit cards, medical bills, mortgages, bad checks, old utility bills, and car loans—all debts that cause individuals to file for bankruptcy at the highest frequency.

Unusual Debts When You File for Bankruptcy

Debts that may not be discharged when you file for bankruptcy range from unusual debts, like malicious misconduct debts, to even the most common type of debt in America, student loans. Sometimes student loans can be discharged but one must actually commence a law suit against the student loan company and prove to the bankruptcy court that the student loan will impose a financial undue hardship going forward. Such law suits can be both expensive and protracted.

Exempt Debts

The following list of debts is not comprehensive, but covers the most prevalent in the United States that are typically not discharged in the bankruptcy process:

  1. Student Loans Where Undue Hardship is Not Proven
  2. Child support and alimony debts
  3. Most tax debts
  4. Some debts owed to government agencies such as the Environmental Protection Agency for environmental hazards
  5. Reckless or malicious misconduct debts (for example, a debt in a lawsuit against you for injuries caused by drunk driving)
  6. Other forms of restitution debt
  7. Wages owed to your employees

So why are these specific debts not discharged in the bankruptcy process when so many others are? When considering each type of debt individually, the answer is a complex legal issue that takes into consideration other debts, other parties involved, location, and much more. However, if we take a look at all these debts together, we can see they have one thing in common: All these debts directly affect the well-being of another person or the well-being of the government as an entity that protects and supports the individual American.

If the bankruptcy process allowed the discharge or restructuring of these debts, it could significantly harm another person who has no direct responsibility for the cause to file for bankruptcy. While there are certain exceptions that include some of these debts in your bankruptcy case, they are most often excluded to protect innocent people in your life and the government that, in turn, protects people across the country.

Find Professional Help When You File for Bankruptcy

If you are uncertain whether or not you should file for bankruptcy in Windom, MN, contact Behm Law Group, Ltd. at (507) 387-7200 to learn more about the process and your own situation today.

Tags: Bankruptcy · Bankruptcy Advice · Bankruptcy Code · Bankruptcy Information · Minnesota Bankruptcy ·


 

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