It is important to understand which debts may be discharged under Chapter 7 and Chapter 13 Bankruptcies. A filer may request all their debts be discharged under their bankruptcy and once a creditor is notified of the action the creditor must request the debt be specifically excluded from the bankruptcy. These requests are reviewed by the trustee who will make a determination as to whether or not to allow the typically non-dischargeable debts to be included in the bankruptcy. Your creditors will also have an opportunity to object to the court’s ruling regarding these debts. An experienced MN Bankruptcy Lawyer can help you with these requirements and assure your experience throughout the filing and discharge process is a painless one.
It is essential you include all of your debts in your Bankruptcy Petition. Debts which existed prior to bankruptcy and that are not included in your filing are legal obligations for which you will still liable for after you receive your bankruptcy discharge. Our experience MN Bankruptcy Lawyers can help you in locating all of your outstanding debts so that you can be sure you are left with a fresh start following your bankruptcy discharge. Some debts will simply not go away and it is important to understand which obligations you are likely to still be held liable for after your Bankruptcy.
Court fines and restitution concerning civil and criminal matters are often excluded from the bankruptcy discharge as well as child support and alimony which have been ordered under a prior court ruling or agreed mediation in most instances. Money owed to the government recent income tax and business-related tax debt, student loans and any other penalties of fines one may have incurred against government funded or government backed organizations are also typically excluded from the bankruptcy discharge.
You may request all your debts be forgiven or discharged under bankruptcy but it is important you be aware these types of debts will likely be excluded from the discharge. Whether a specific debt should be excepted from a bankruptcy discharge is for the Bankruptcy Court to determine. Because of the complexities involved regarding the bankruptcy codes which are rather broad in nature it is highly advised you seek the help of one of our expert MN Bankruptcy Attorneys to assure you have someone in your corner acting in your best interests.
Transparency is key when filing bankruptcy. This is a great opportunity you are being given, a chance for a fresh start and there can be seriously negative repercussions from attempting to deceive the courts and your creditors as well as your lawyer. Mistakes do happen on occasion and the courts are aware of this so there are instances where a bankruptcy discharge may be reopened if the request to do so is justified and made in good faith. Some examples of this would be the discovery of a debt that was not listed in the bankruptcy yet existed prior to filing as well as any assets the filer has become aware of after the filing which they were in possession of prior to filing that WAS NOT omitted intentionally or hidden from the trustee or creditors in bad faith.
Your MN Bankruptcy Lawyer will inform you of the potential dangers involved with attempting to exploit the bankruptcy process which can be dire so it is imperative you are forthcoming with the information requested of you so that we may aid you to the very best of our ability. Creditors as well as the trustee also have the ability to petition the courts to have your bankruptcy discharge reopened which they will do should they discover any of your information was misrepresented or assets and property omitted. Filing bankruptcy and properly notifying your creditors and all parties involved is a complex procedural process which is best facilitated by one of our knowledgeable experts.
There are other instances where a filer may want their bankruptcy discharge reopened and our team of MN Bankruptcy Lawyers will be there to help you with any difficulties you may encounter following your discharge. Some creditors simply do not respect the rules and procedures surrounding bankruptcy and remain fixated on the debt that was owed to them regardless of the protections you are provided under bankruptcy. Malicious creditors may continue to aggressively pursue debts discharged under bankruptcy in spite of the court’s ruling and feign being uninformed of your filing.
When this happens out team of professional MN Bankruptcy Lawyers will petition the courts to have your bankruptcy discharge reopened so that you may be provided protection from these unethical practices such as judgments or liens against you that are affiliated with debts that were forgiven under your bankruptcy discharge. We can help with whatever difficulties you may be facing and we will be there for you after the initial discharge is completed. We’re here to assure you are treated fairly and to help you recover so don’t hesitate to give us a call today. Let us help you get started on the road to debt freedom!