bankruptcy help

What Kinds of Debts Can’t Be Discharged by Bankruptcy?

by Staff | June 5th, 2015

If you’re struggling to make ends meet financially, filing for bankruptcy may be a good option to get the relief you need. When you file for Chapter 7 bankruptcy, many of your debts can be discharged. That means you have no further responsibility to pay off those debts and creditors can take no further legal action against you to collect those debts.

But it’s important to know that some kinds of debts can’t be eliminated by filing bankruptcy. They include:

  • Criminal Fines and Fees– Court costs, money owed to the courts, and restitution to victims of crimes can’t be discharged.
  • Punitive or Compensatory Damages– Any debts owed due to civil litigation can’t be discharged.
  • Money Owed to a Former Spouse– This includes alimony and child support.
  • Student Loans – Whether the loan is from a private lending organization or the federal government, student loan debt can’t be discharged through bankruptcy.
  • Money Owed to the Federal Government– Money owed for taxes or tax liens can’t be discharged through a bankruptcy proceeding.

The laws regarding bankruptcy discharges can be complicated, and hiring a legal representative may be beneficial if you’re considering filing bankruptcy. Our Terre Haute bankruptcy lawyers at Fleschner, Stark, Tanoos & Newlin understand that you have questions about bankruptcy proceedings and we’re here to help. Give us a call anytime at (800) 477-7315 to get the answers you need about your bankruptcy case.

Determining Your Best Option for Bankruptcy

by Staff | February 20th, 2015

When serious financial problems arise, deciding what the best solution will be can be an extremely difficult task. The Terre Haute bankruptcy attorneys with Fleschner, Stark, Tanoos & Newlin point out the bankruptcy means test can be a crucial tool in deciding the best way to pay off your debts.

The bankruptcy means test examines if an individual has enough disposable income to pay off their debts over time, rather than selling off assets to cover expenses. There are many different variables that go into making this determination though and the Department of Justice outlines each of them.

Making an error in any of the figures used in the bankruptcy means test could have a significant impact on the outcome of your case. Some of the most common errors made on the bankruptcy means test include:

  • Mistakes in the size of the household– The household should include anyone who’s financially dependent on the debtor and living under that individual’s roof. This number is crucial because it’s used in median household income comparisons to determine deductions.
  • Problems with income documentation– Giving the wrong dates and amounts for payments—or omitting payments altogether—can lead to you receiving an inaccurate bankruptcy eligibility status.
  • Deduction errors– Not claiming all of your deductions can lead to you being approved to file the wrong type of bankruptcy for your particular situation.

At Fleschner, Stark, Tanoos & Newlin, we know these problems and issues can be avoided by simply speaking with a qualified legal representative prior to filing your bankruptcy claim. Get in touch with a Terre Haute personal injury lawyer from our firm to have each of your questions regarding your bankruptcy claim answered by calling (800) 477-7315.