Types of Debt in St. Louis Bankruptcy

Understanding how different debts are treated in bankruptcy is key to making the right decision.

Dischargeable Debts

  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility arrears
  • Old lease obligations
  • Deficiency balances after repossession
  • Some older tax debts
  • Civil court judgments (from contracts or negligence)

Non-Dischargeable Debts

  • Student loans -- Unless you prove undue hardship (details)
  • Recent taxes -- Taxes not meeting the 3-2-240 rule (details)
  • Child support and alimony -- Domestic support obligations are never dischargeable
  • Criminal fines and restitution
  • DUI-related debts
  • Debts from fraud, embezzlement, or willful injury
  • Debts not listed in your petition (if the creditor did not receive notice)

Secured vs. Unsecured

TypeExamplesTreatment
SecuredMortgage, car loanMust pay to keep the collateral; can surrender to discharge
Unsecured priorityRecent taxes, child supportMust be paid in full (Chapter 13)
Unsecured non-priorityCredit cards, medical billsDischarged in Chapter 7; pay percentage in Chapter 13

Frequently Asked Questions

Can I discharge a court judgment?

Most money judgments from breach of contract or negligence are dischargeable. Judgments from fraud or willful injury are not.

What happens to co-signed debt?

Your discharge eliminates your obligation, but the co-signer remains liable. In Chapter 13, the co-debtor stay may protect them during your plan.

Open Bankruptcy Project Network