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Cookeville Office 931-400-2218

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What debts will Chapter 13 not get rid of?

On Behalf of | Jul 18, 2015 | Chapter 13 |

When filing for Chapter 13 bankruptcy, it’s just as important to know what types of debt you cannot get rid of in Tennessee as it is to know what debt it can eliminate through a discharge and restructuring. A few of the things that Chapter 13 will not touch are as follows:

1. Mortgages. This is generally true in most cases. When you have a long-term debt that is going to take longer to pay back than the length of your repayment plan, you can’t lump it into that plan.

2. Child support. You still have to pay child support as ordered by the court, as this is not really a “debt” in the traditional sense, but a financial obligation. The same is true for spousal support.

3. Restitution payments or fines for criminal activities. Again, these are not traditional debts, but things you are obligated to pay based on your actions and the court case. The ruling in the bankruptcy case is not going to override the earlier court case or conviction.

4. Money you owe for drunk driving. This is similar to the above, If you’re cited for a DUI and told to pay a fine, you still have to pay it in full.

5. Student loans. There has been some talk about changing this as the student loan debt mounts in the United States. However, currently you cannot get rid of these loans with Chapter 13 bankruptcy.

If you’re looking to file for bankruptcy, make sure that you really know how the filing is going to impact your debt and your financial situation.

Source: FIndLaw, “Debts that Remain After a Chapter 13 Discharge,” accessed July 18, 2015

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