When filing a Chapter 7 bankruptcy in Georgia, it is important to remember that there are some debts which will still remain after your case has been discharged. Some of the debts which will remain will be because you agreed to a reaffirmation of your debt. Others will be because of state laws which will prevent the debt from being discharged in the first place. It is a good idea to know about these charges so that you will be able to plan for them accordingly.
Common Debts Not to be Discharged
There are a few different kinds of loans which you will be responsible for even after filing a Chapter 7 bankruptcy in Georgia. Here are just a few of the most common that you will expect to remain even after your debt is discharged:
- Debts remaining from a previous bankruptcy due to fraud
- Debts incurred from driving under the influence of alcohol or other abuses
- Court fees
- Debts incurred due to fines, restitution or penalties imposed from the government
- Debts incurred due to alimony or child support
- Local, state or federal taxes which were recently accrued
- Student loans which will not cause undue hardship on the debtor or dependents of the debtor
- Any and all debts or creditors which were not included in the initial documents which were filed in the bankruptcy
More About Student Loans
Generally when you file for Chapter 7 bankruptcy in Georgia, there should be no expectation that you will be able get rid of student loan debt. This is mostly because it is a federally insured loan and is normally lent directly from the government and the Department of Education. This is not to say there is no way that the debt can possibly be eliminated. If the debt creates what is considered to be an undue hardship on the debtor or their dependents, it can be discharged along with the rest of the unsecured debt.
The thing to remember is that there are no set guidelines for this debt to be discharged. This is something which will be determined by the judge and the recommendation of the trustee. There are a few things that they will look at when deciding whether or not to allow you to discharge the debt.
- Duration – The circumstances which cause the student loan to be an undue hardship will last for a significant portion of time
- Income – Debtor will have to exhibit that if the debt was repaid that it would make it impossible to provide a minimum standard of living for the individual and dependents.
- Good Faith – There has been a real good-faith effort made by the debtor to pay off the debt previous to filing for Chapter 7 bankruptcy in Georgia
Other Debts That Cannot be Discharged
There are a few other debts which cannot be discharged when you file for Chapter 7 bankruptcy in Georgia. These include:
- Debts incurred from a agreement or settlement in a court order or decree
- Debts from financial crime
- Debts from malicious or willful acts
- Debts incurred due to fraud including buying luxury items within 90 days of filing or seventy days after filing.
Related Posts
- Remaining Debts After Chapter 13 Bankruptcy in Georgia
- Business Debt and Chapter 7 Bankruptcy in Georgia
- Getting to know the Parties Involved in Chapter 7 Bankruptcy in Georgia
- Chapter 7 Bankruptcy in Georgia Debt Discharge
- Who Can File for Chapter 7 in Georgia?
- Preparing for a Chapter 7 Bankruptcy in Georgia
- What a Georgia Bankruptcy Cannot Do
- Eliminating Tax Debts in Bankruptcy
- Discharge of Chapter 13 Bankruptcy in Georgia
- Exempt vs. Non-Exempt Property in Chapter 7 Bankruptcy in Georgia
