Will Bankruptcy Clear all of My Debts?
The reason you may seek to file bankruptcy is to clear away your debts that you can not pay. Whether or not this will happen depends on the type of bankruptcy for which you are approved.
A discharge does release you from all personal liability of the debt. It also stops the creditor from continuing to pursue collection activity against you. Under such a discharge you are not required legally to repay these debts.
Some debts can not be discharged completely. Liens that are not addressed during the bankruptcy case stay in force. Secured creditors are able to enforce these liens so that they can reclaim the secured property.
A car payment is a good example. If you do not commit to a reaffirmation agreement on your car payment, the debt discharge would erase your obligation to pay back the loan. You would not be able to keep the car in such a scenario as the lender would have lien rights to repossess it.
In the vast majority of cases, if you file a Chapter 7 bankruptcy and it is approved by the judge, then you will obtain a debt discharge at the conclusion of the case.
The Chapter 7 process generally gives this discharge 60 days following the Meeting of Creditors (according to 341(a) statute requirements). This usually means that you would get your discharge around four months after you file your original petition for a Chapter 7 bankruptcy.
It is important to know that Chapter 13 bankruptcy will not clear all of your debt. Instead it would make repayment arrangements that stretch from three to five years long.
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