If your debts are mounting rapidly and you are considering bankruptcy, you are probably dealing with more than just one debt. Car payments, medical expenses, mortgages, and credit card payments can pile up and swiftly spiral out of control. If you’re considering bankruptcy, you’ll want to discharge much debt as possible. However, bankruptcy isn’t right for everyone, and while many debts (including car loans, credit card debt, and mortgages) can be resolved through the bankruptcy process, bankruptcy cannot restructure or discharge certain other debts.
In the Dallas-Fort Worth area, if you’re thinking about bankruptcy, consult first with an experienced Dallas bankruptcy attorney. You do not want to initiate a bankruptcy only to learn later that it will have little or no effect on your debts. Some debts may not be discharged by either a Chapter 7 or a Chapter 13 bankruptcy. These debts may include child support and alimony payments; fines, judgments, or penalties imposed by any court; student loan debt; income tax debt; and all other tax debts.
A student loan debt is not dischargeable in bankruptcy unless you can prove that you would endure an undue hardship by repaying it. The precise definition of “undue hardship” is different in each state, but because the undue hardship standard is so high in Texas, student loan debts are almost never discharged through the bankruptcy process in this state. Understand that bankruptcy is not the best solution for everyone who’s facing a debt crisis, and a bankruptcy can remain a part of your credit history for up to ten years. If your debts are starting to bury you, and if you are thinking about bankruptcy in the Dallas-Fort Worth area – whether or not a student loan is one of your debts – speak with an experienced Dallas bankruptcy attorney immediately to review your alternatives and to learn more about the bankruptcy process.