Colorado Bankruptcy Lawyers - "Are all debts discharged in bankruptcy?"

The code provides that many specifically designated debts are not dischargeable. Although subject to expansive interpretation and objections from opposing bankruptcy lawyers, in general, nondischargeable debts relate to taxes owed to governmental units, amounts owed for alimony and child support, and debts owed to others related to commission of a crime. Other debts are included as well, and the common thread connecting many nondischargeable debts is the obligation was incurred without approval from the creditor. Also, student loans and a few other debts are not dischargeable based upon public policy. 11 U.S.C. 523.

Colorado Bankruptcy Lawyers - In Practice

Nondischargeable debts must be repaid. There are 18 categories of debt excepted from court discharge granted in Chapters 7, 11, and 12. A more limited list of exceptions applies to cases under Chapter 13, allowing for more generous discharge potential for debtors. Discharge disputes are resolved by the court based on hearing and argument from opposing bankruptcy lawyers. Frequently, obligations created by consensual divorce settlements are disputed. The nature of the obligation, settlement terms and state law all impact dischargeability.

For maximum benefit, most debtors interview several bankruptcy lawyers before committing to any course of action. Interviewing bankruptcy lawyers requires a degree of expertise. Federal laws, state laws, and local rules combine to form the practice standard used by Colorado bankruptcy lawyers and courts. These laws evolve continually with new statutory amendments and case decisions. The most successful debtors compare the opinions of several bankruptcy lawyers, and with targeted questions, discover the most beneficial path to pursue.

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