5. Find out which debts you still have
Question & AnswerHow do I get discharged from my bankruptcy?
When you file for , you do not have to make payments on most types of anymore.
But there are some debts that you still have to pay after your bankruptcy. These include:
- spousal support or child support
- court fines and fees
- government student loans (if you graduated in the last 7 years)
- secured creditors you kept during bankruptcy, like a mortgage or a car loan
- debts that are a result of or other crime, like a robbery, tax evasion or a drug deal
If your debt falls into one of these categories, it might survive your bankruptcy. This means you are still responsible for paying that debt.
Student loans from a private bank are erased in a bankruptcy. But government student loans are not erased by bankruptcy unless you have been out of school for 7 years or more.
If you have been out of school for more than 5 years but less than 7 years, you can ask a court to your government student loan because of financial hardship. If the court does not erase the debt, you will still have to pay back your student loan after your bankruptcy.
Secured debts are not erased by bankruptcy unless you decide to give up those when you file for bankruptcy.
You can only decide to include your secured debts at the time that you file for bankruptcy. You can’t change your mind after you have set the terms of your bankruptcy. If you end up keeping the secured asset during your bankruptcy, you are responsible for making all payments.