Which Debts are Eligible for Bankruptcy Discharge?

Bankruptcy may be right for you if you are struggling to pay off a mountain of debt. We have assisted many people in San Francisco and surrounding areas to become debt-free through our representation of clients in over 6,000 bankruptcy filings. We have been named by the Debt Education and Certification Foundation as one of the Top 100 firms. Additionally, we are one of a handful of legal teams that includes a certified bankruptcy specialist. 

  • We know how debilitating it can be to be on the brink of financial ruin with creditors constantly harassing you, fearing that your home will go up in foreclosure, and no solution in sight. We will review your financial situation and analyze your debt to determine if you are eligible to file for bankruptcy protection.
  • You can discharge most of your unsecure debt if you are eligible to file Chapter 7 bankruptcy. Medical debt, credit card debt, personal loans, revolving lines of credit, certain student loans, auto accident claims, personally-guaranteed business debt, past due rent, and past due taxes that are more than 3 years old, are the most common types of debt discharged through Chapter 7.

In certain cases, filing Chapter 13 bankruptcy might be more practical. Some debts can also be discharged under Chapter 13 but not Chapter 7. There are certain debts that can be discharged in Chapter 13, but not Chapter 7.

  • These include marital and settlement debts, court fees, debts resulting after filing bankruptcy, HOA fees or Co-op fees, as well as debts arising from loans taken out of a retirement plan. You will need to pay priority debts like child support, alimony, and taxes in Chapter 13. However, any other unsecured debt will be paid after your bankruptcy proceedings are over.

Summarized from an article by Kostopoulos Bankruptcy Law.