This question is very simple, yet infinitely complicated, and where the law is grey a bankruptcy judge or jury will decide if any of your debts will survive a bankruptcy filing. It is 11 U.S.C. § 523 (see https://kainscott.com/us-bankruptcy-code/chapter-v/ss-ii/code-523) which states which debts will be excepted from discharge, but unfortunately there is a lot of misinformation out there on the internet about what debts you may get rid of (ie discharge) in a bankruptcy filing. The term is called “excepted” because the default rule is everything gets discharged unless there is an exception.
While reading a law should be pretty straightforward, the reality is many debts need to be litigated to see whether they should be discharged or not in the interests of justice. In a normal Chapter 7 bankruptcy case, your creditors have a certain amount of time where they can object to your discharge, and after they do not, the bankruptcy court will enter a simple order granting the debtor (ie person filing bankruptcy) a discharge.
The bankruptcy court’s order will not list the specific debts which are discharged, but the creditor(s) are not allowed to attempt to collect any money from you. If there is a dispute about whether a debt was included in the discharge in the bankruptcy or excepted from being discharged, it can often times lead to a separate lawsuit, which is called an Adversary Proceeding in bankruptcy court.
So, the question basically becomes: “does the debt meet any of the categories in 11 U.S.C. § 523, or was it in-fact discharged in the bankruptcy?” Most of the categories in 523 are obvious (domestic support obligations, fraud/embezzlement, most student loans, willful and malicious injuries caused to others, etc.), but there can be very-long and contentious disputes about whether debt got discharged.
You will want to consult with an experienced bankruptcy lawyer if you have questions about what debt will go away, and what debt might still linger after a bankruptcy. Simple credit cards and loans are very straightforward, but if you have a court judgment against, I would definitely bring it up with bankruptcy counsel.
When ready, reach out to Kain & Scott at www.kainscott.com.
