Freeport Bankruptcy Attorney
As of March 2016, the U.S. Bankruptcy Court Eastern District of New York has received 184 Chapter 7 Bankruptcy[1] Petitions in Nassau County alone. Another 115 Chapter 13 Petitions were filed in Nassau County during this same time period.
What Can a Freeport Bankruptcy Do For a Consumer?
If you find that you are facing financial difficulties based on a lack of employment, illness or other setback, it is important to speak to a Freeport bankruptcy lawyer to discuss they types of consumer bankruptcy filings that may be available to you and to discuss any other options that may prove beneficial to you and your family. While filing for bankruptcy can eliminate some debt, it is imperative to know exactly what such a filing can and cannot accomplish.
The main focus of a bankruptcy is to discharge an individual from their debts. Discharge means that a consumer’s personal liability for a debt ends and creditors cannot make any further collection effort. Unfortunately, not all debs are eligible for discharge and it is important, therefore, to understand what a bankruptcy filing can and cannot do before deciding how to proceed.
Things a Nassau County Bankruptcy Filing Can Do
What a Freeport Bankruptcy Cannot Do
Nondischargeable Freeport Debts
Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code[2] specifically excepts various categories of debts from the discharge granted to individual debtors meaning the debtor must still repay those debts after bankruptcy. Congress has determined that these types of debts are not dischargeable for public policy reasons based either on the nature of the debt or the fact that the debts were incurred due to improper behavior of the debtor, such as the debtor’s drunken driving. There are 19 categories of debt excepted from discharge under chapters 7, 11, and 12.
Some debts are considered nondischargeable under either Chapter 7 or Chapter 13 bankruptcy, meaning that they survive the filing of a bankruptcy petition:
Nondischargeable Debts When a Creditor Objects
There are other types of debts not deemed automatically excepted from discharge. In those instances, creditors must ask the court to determine if the debts are dischargeable or not. The court will ordinarily require motions to be filed and hold a hearing when making its decision. If the creditor does not raise the issue of dischargeability or the creditor raises the issue but the court does not agree, the debts will be discharged including:
Contact a Freeport Bankruptcy Attorney
If you are unable to pay your debts it is important to speak to a Freeport bankruptcy attorney who can interpret and apply federal and New York laws and discuss all of the issues that may arise from your financial situation. Call the office of Ronald P. Weiss today at (631) 296-0361 in order to discuss the specifics of your case and to review all of your bankruptcy solutions.
References:
[1] http://www.nyeb.uscourts.gov/statistics?field_stat_date_value_1%5Bvalue%5D%5Byear%5D=2015
[2] https://www.law.cornell.edu/uscode/text/11/523