Bankruptcy debts discharged in Pittsburgh
Bankruptcy Debts Discharged, Part One – Discharge of Student Loans, Credit Card Debt, Medical Debt and Criminal Fines Restitution in Bankruptcy
Bankruptcy debts discharged in any particular consumer case may depend on a number of factors. For people contemplating whether to file a bankruptcy case, the questions about whether certain debts may be discharged through bankruptcy are common. While debtors should discuss their individual circumstances with an experienced Pittsburgh bankruptcy lawyer, certain rules of thumb may help to determine whether a particular debt may be dischargeable in bankruptcy. This two-part series will explore whether certain kinds of debts can be discharged in bankruptcy.
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Are Student Loans Discharged in Pittsburgh Bankruptcy Debts Discharged?
Student loan debts are sometimes the most oppressive financial obligations for debtors in bankruptcy cases. Many people believe that student loans are not dischargeable in bankruptcy. In fact, student loan obligations may be discharged in a bankruptcy case. While the United States Bankruptcy Code requires a showing of “undue hardship” to discharge most student loan obligations, student loans may still be discharged in a bankruptcy case. What constitutes “undue hardship” may depend on the governing case law in the court in which you file your bankruptcy case. In the region in which the Pittsburgh Bankruptcy Court is situate, the Brunner standard applies to define the meaning of “undue hardship” and imposes a three-part test which debtors must meet to have their student loans discharged.
Discharge of student loan obligations in bankruptcy must be done by filing an adversary proceeding, or a lawsuit, against the student loan creditor. That law suit will seek a determination that repayment of student loan debts constitutes an undue hardship and that the student loan obligation is dischargeable in bankruptcy. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]You may be eligible to discharge your student loan obligations. Talk to an experienced bankruptcy lawyer today[/perfectpullquote]
to determine if you can discharge your student loan debt.
Are Credit Card Obligations Bankruptcy Debts Discharged in Pittsburgh?
Generally speaking, credit card obligations are dischargeable in bankruptcy. Congress has emplaced certain protections in the Bankruptcy Code to prevent abuse by limiting discharge for cash advances in the days leading up to the filing of a bankruptcy case. Pittsburgh bankruptcy courts enforce the Bankruptcy Code with exacting attention. In like fashion, the Bankruptcy Code may bar discharge of late-incurred charges for luxury goods. Consumers must honestly discuss their credit card use before the filing of a case with their bankruptcy attorneys. Honest disclosure to your bankruptcy lawyer can often prevent unneeded difficulty in the entry of a discharge order.
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debts dischargeable in bankruptcy cases
Are Medical Debts Bankruptcy Debts Discharged?
Pittsburgh bankruptcy cases where the bankruptcy court enters a discharge order almost always result in medical debts being discharged. Usually medical debts are unsecured obligations that do not enjoy priority protection under the Bankruptcy Code. For that reason, medical debts are dischargeable in most Pittsburgh bankruptcy cases. While a particular obligation arising from medical debt could be non-dischargeable in bankruptcy, such exceptions are exceptional. Discuss whether your medical debt may be discharged before you file your bankruptcy case in Pittsburgh with your own Pittsburgh bankruptcy lawyer.
Are Pittsburgh Criminal Fines or Restitution Orders Bankruptcy Debts Discharged?
Typically criminal fines and restitution are not discharged in bankruptcy cases. States are empowered to exercise their police power and, with some exceptions, federal bankruptcy law under the United States Bankruptcy Code does not inhibit that exercise of the rights of states. If you have question whether a particular debt might be dischargeable in your bankruptcy case, consult an experienced bankruptcy lawyer in Pittsburgh during a free initial consultation.
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Up Next: Bankruptcy Debts Subject to Discharge Including Mortgages, Car Loans, Tax Debts, Child Support and Alimony and Judgment Awards in Pittsburgh
Watch for our next installment in this series where we will continue to take up the question of exactly what kinds of debts can be discharged in a bankruptcy case. If you have any particular concerns about whether a certain debt may be discharged in a bankruptcy case, you should contact an experienced Pittsburgh bankruptcy lawyer today for a free initial consultation. In Pittsburgh, call 412-925-8194 today.
(c) 2017. Robleto Law, PLLC. Robleto Law, PLLC is a law firm of bankruptcy attorneys based in Pittsburgh, Pennsylvania. Our help may involve bankruptcy relief under the United States Bankruptcy Code. We are a debt relief agency. We help people file for relief under the United States Bankruptcy Code.