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Is my debt dischargeable?

Discharge Q & A:

Are my medical bills dischargeable?

Yes, medical bills are unsecured debt.  A majority of people that have filed for bankruptcy or are going to file for bankruptcy have medical debt.  Many of our clients have medical bills from being uninsured or underinsured.  Many of our clients are concerned by the fact that some of the medical bills may have been incurred recently.  As long as the medical expenses incurred were reasonably necessary there shouldn’t be anything to worry about.  Incurring medical expenses close to the filing date is substantially different than taking about a fifty thousand dollar personal loan and spending the money in two days.  If you have specific concerns please call us, we’d be happy to discuss your specific situation. 

Are my credit cards dischargeable?

Yes, as long as they are unsecured credit cards.  A secured credit card typically requires a cash deposit.  That would not be dischargeable.  But any unsecured credit card balance is dischargeable.  This includes most store credit cards and consumer credit cards.  However, you do want to be mindful of making excessive charges or excessive payments in the time leading up to bankruptcy as this can cause complications later.

Is the money I borrowed from my mom/roommate/etc. dischargeable?

Yes.  As long as the loan was not secured against any sort of property, the loan is dischargeable.  (It would be very unusual to see a secured loan from a relative or friend—but if you are concerned we can have a look.)  In fact, you are required to list the person you borrowed the money from on your petition as a creditor and he/she cannot make any effort to collect the money in the future.

Is my car loan dischargeable?

It depends.  If you want to keep the car, no, the debt is not dischargeable.  If you do not want to keep the car we can discuss your options, but the debt is likely dischargeable.  There are also a number of options if you want to keep the car, depending on whether you are filing a Chapter 7 or a Chapter 13.  Those may include paying the car off, reducing payments, or simply reaffirming (or renewing) your original contract.

Is my mortgage dischargeable?

It depends.  Much like a vehicle, if you want to keep your house the loan is not dischargeable.  If you do not want to keep your house you have the option to surrender the house and the debt will then be dischargeable.  Again, we can discuss this specifically in our office.

If you have questions about this, or any other matter, contact your St. Louis Bankruptcy Attorney Today!


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