I Need Help Now
Special Discounts For
Hurricane Victims!
Nowack & Olson, PLLC
South Florida
Bankruptcy Attorneys
Free Consultation
888-813-4737

Not all debts dischargeable in Chapter 13

When Florida residents are overwhelmed by their financial obligations, bankruptcy may be a good option. The two major forms of consumer bankruptcy are Chapter 7 and Chapter 13. However, it's important to realize that federal laws impose some limits on the amount and type of debt that can be discharged by a bankruptcy court.

Most types of consumer debt, such as credit card debt and bank loans, can be subject to discharge in both Chapter 7 and Chapter 13 bankruptcies. However, other kinds of debts remain. These include spousal and child support payments as well as other obligations deemed to be in the nature of domestic support. While an individual in Chapter 13 bankruptcy can include these payments in the court-supervised repayment plan, the obligation to make them remain, and they are deemed to be priority obligations.

In one case, a debtor attempted to include legal fees owed to his ex-wife's attorney in his Chapter 13 dischargeable debt. The court ruled against him and declared the debt to be nondischargeable. While there were legal complexities that contributed to the case, the debtor nonetheless found that he was unable to rid himself of debt that he owed, not to his ex-wife, but her attorney.

Debtors who are concerned about whether bankruptcy will eliminate certain debts may benefit from speaking with an experienced attorney. Legal counsel can explain the different forms of bankruptcy and the eligibility requirements attendant to each. Not everyone can qualify for Chapter 13, as is it intended for those debtors who have a regular source of income that will enable them to make the payments under the court-approved plan.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Let Us Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Sunrise Office
8551 West Sunrise Blvd., Suite 208
Plantation, FL 33322

Toll Free: 888-813-4737
Phone: 954-349-2265
Plantation Law Office Map

Doral Office
8180 NW 36th St., Suite 102
Miami, FL 33166

Toll Free: 888-813-4737
Phone: 305-698-2265
Miami Law Office Map

Boca Raton & Delray Beach Office
6501 Congress Ave., Suite 100
Boca Raton, FL 33487

Toll Free: 888-813-4737
Phone: 561-463-2265
Boca Raton Law Office Map

Jupiter & Palm Beach Gardens Office
601 Heritage Dr., Suite 137A
Jupiter, FL 33458

Toll Free: 888-813-4737
Phone: 561-463-2265
Jupiter Law Office Map