- Divorce
- Child SupportAny debts whatsoever, whether they are secured or unsecured. Even debts that are nondischargeable, such as debts for student loans or child support, may be paid under a chapter 13 plan.
- Spousal Support(1) debts for domestic support obligations, which includes debts for child support and alimony, (2) debts for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated, (3) most tax debts, (4) debts for restitution or criminal fines included in a sentence imposed on the debtor for conviction of a crime, (5) debts for fraud, embezzlement or larceny, (6) debts for student loans or educational obligations unless a court rules that not discharging the debt would impose an undue hardship on the debtor and his or her dependents, and (7) debts for damages caused by willful or malicious conduct by the debtor.
- DUI/DWIThere is no fault nor blame. A person can even have made decisions that a reasonable person would have known were bad; for example, gambling or going to jail for a DUI. But most often that is not the case. But honestly, no one has a crystal ball to predict the future. People believe their business will succeed or they would have never taken the risk. Borrowers (and banks) thought that real estate values would continue to increase. People thought their 'conservative' retirement investments would not ever drop as significantly as they did in 2008 and 2009. If everyone knew the future, they never have put their finances in harm's way. Most people work too hard and would not purposefully make poor decisions.
- Embezzlement
- Limited Liability CompaniesAny individual (i.e., natural person) is eligible to file a chapter 13 case if he or she – (1) resides in, does business in, or owns property in the United States, (2) has regular income, (3) has unsecured debts of less than $335,000, (4) has secured debts of less than $1,080,000, (5) is not a stockbroker or a commodity broker, (6) has not intentionally dismissed another bankruptcy case within the last 180 days, and (7) has received a briefing from an approved credit counseling agency within the last 180 days (unless this requirement is not in effect in the local bankruptcy court). Corporations, partnerships, limited liability companies, and other business entities are not eligible to file a chapter 13 case.
- Personal Injury
- BankruptcyPersonal bankruptcy is a voluntary act. The person who is has financial difficulties is the one who decides whether to “Go Bankrupt”. The Party filing for bankruptcy is the Debtor.
- ForeclosureWe’ve heard a lot of misinformation about this. Some of the worst falsehoods my clients have been told are: • The bankruptcy laws have been repealed by Congress. • If you didn’t file for bankruptcy before October 17, 2005, you are no longer allowed to file. • Only corporations can now file for bankruptcy. • You cannot discharge credit card bills under the new bankruptcy laws. • You cannot discharge medical bills under the new bankruptcy laws. • You can only keep one car or one truck if you file under the new bankruptcy laws. • You will have to give up all of your vehicles if your file for bankruptcy. • The IRS will audit all of your prior tax returns if you file for bankruptcy. • You can only have one TV and one VCR if you file for bankruptcy and if you have a DVD it will be taken by the Trustee. • You can no longer stop a foreclosure by filing for bankruptcy. • If you file for bankruptcy, all of your bank records and tax records will be audited. • An FBI agent will come to your home and will take photographs of everything. • Before you can file for bankruptcy, you must pass a written test. Likewise, you must pass another test to get out of bankruptcy. • Before you can complete your bankruptcy case, you must pass a lie detector test. • After you file for bankruptcy, you will never be entitled to another tax refund. ALL OF THESE ARE COMPLETELY, TOTALLY, AND UTTERLY FALSE! In fact, nothing could be further from the truth. The truth is that you can do almost everything under the NEW law that you could do under the OLD law.