bankruptcy- what debts remain?

Question

someone has filed for bankruptcy and has the following debts. after the bankruptcy, what debts will remain and why?

a.) $500 owed to a chiropractor
b.) $300 owed in child support
c.) $870 owed in student loans
d.) $1,200 owed in back taxes
e.) $530 owed to a department store
f.) $650 owed to an automobile repair shop
g.)$950 owed to a jewelry store

Answer 1

I am an attorney who has practiced in bankruptcy court, and I can tell you from personal experience that this is a REALLY complicated area of law. Nevertheless, I will try to make my answer as simple as I can. Hopefully, you are asking this question out of mere academic curiosity. If you are asking this because you have a legal problem, then I would strongly advise you to consult an attorney who specializes in bankruptcy. Trust me, you DO NOT want to try to handle a bankruptcy by yourself, whether you are a creditor or a debtor.
First of all, due to the types of debts you listed, I will assume that we are talking about an individual debtor as opposed to a corporation or a municipality.
Second, I will assume that this individual is in Chapter 7 (liquidation) bankruptcy as opposed to Chapter 13 (essentially, a reduction in debts and a payment plan).
Third, I will assume that all of the debts listed are unsecured debts, and that there are insufficent assets in the estate to pay any of the listed debts in full. Obviously, a debt that is paid in full in the course of the bankruptcy, either because it is sufficently secured or because it is a priority debt and there are sufficent assets in the estate to cover it, will not "remain" after the bankruptcy.
With the above assumptions in mind, the general rule is that all debts are dischargable in bankruptcy unless the bankruptcy code specifically identifies the debt as non-dischargable. The list of what types of debt are non-dischargable can be found at 11 U.S.C. § 523 (there is a link below). With that in mind:

A. The chiropractor's bill is likely dischargable.
B. Child support is generally non-dischargable. 11 U.S.C. § 523(a)(5).
C. Student loans are generally non-dischargable "unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents" 11 U.S.C. § 523(a)(8).
D. Taxes may or may not be dischargable, depending on exactly what kind of "tax," the debtor's conduct with respect to that tax, and how old the tax bill in question is. One would need more information about the "back taxes" to determine the extent to which they would be dischargable. 11 U.S.C. § 523(a)(1). See also 11 U.S.C. § 507(a)(8).
E. The bill to the department store is likely dischargable.
F. The bill to the auto repair shop is likely dischragable, but to the extent that the auto repair shop can claim a "mechanics lien" on the vehicle, they will be compensated to the extent of the value of the vehicle.
G. The $950 owed to the jewlrey store is likely dischragable.

Answer 2

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RE Bankruptcy- what debts remain?

someone has filed for bankruptcy and has the following debts. after the bankruptcy, what debts will remain and why?

a.) $500 owed to a chiropractor
b.) $300 owed in child support
c.) $870 owed in student loans
d.) $1,200 owed in back taxes
e.) $530 owed to a department store
f.) $650 owed to an automobile repair shop
g.)$950 owed to a jewelry store

Answer 3

Of those you have listed, in California the only debt that would be absolutely non dischargeable would be the child support claim. Taxes may be discharged if it has been more than three years since the tax was due, and there has been no subsequent audit. Student loans may be discharged after 7 years if the debt would create an extreme hardship to repay and/or the debtor is terminally ill.
The jeweler is a secured creditor if he extended credit for the purpose of buying jewelry. This gives hima purchase money security interest in the items sold. If he only did repairs, he could perfect a lien as the auto shop could to protect their interests. But, it is important to note that liens may be avoided where they infringe on an otherwise exemption in debtors property.

Answer 4

Generally, a bankruptcy remains on your credit report for 7 years. Consolidating debt plays no part in this.

Answer 5

I believe the child support, student loans, and back taxes remain. All of those are government/court mandated charges. The others can be removed.