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3 Debts That Aren’t Dischargeable by Bankruptcy


Many people are hesitant about declaring bankruptcy because of what it will do to their credit report, while others are so overwhelmed by debt they don’t see any other option. Before you decide to declare bankruptcy, some debts cannot be discharged even after declaring bankruptcy. The following are three different kinds of debts that may persist.

Child Support

Some people fall so behind on their child support payments they owe their ex thousands of dollars. Usually, this can happen because they have so many other financial burdens to take care of as well. However, while bankruptcy can discharge some debts, child support is a court-mandated payment you are obligated to pay. Your child has a right to be supported, and the child’s well-being is, in the court’s opinion, more important than your financial burden. However, you can modify your child support payments through legal means to make the payments smaller and easier to handle.

Student Loans

People can be burdened with thousands of dollars in student loan debt after four to ten years of college education. If the job market fails them after they’ve earned their degrees, people can often be left with crippling monthly payments and little income. However, bankruptcy doesn’t guarantee a discharge of these loans. Student loans can only be discharged if you ask the court to rule that they should be. Unless you convince the court otherwise, you will be expected to pay your student loans by default after declaring bankruptcy.

Fines / Restitution for Breaking the Law

Being convicted of a crime can lead to more than just years in prison. Depending on the offense, people can owe thousands of dollars to the state, to the federal government, and to the victims of the crime. For example, if someone was driving drunk and struck a pedestrian, he or she would be obligated to pay restitution to the person or the person’s family. Whether or not the criminal has other debts is irrelevant; because he or she committed a crime, the court has mandated he or she owes a debt to society that must be paid.

If you’re struggling under a mountain of debt, let our skilled Chicago bankruptcy attorneys help. Atlas Consumer Law can help guide you through the process of filing for bankruptcy. Let us help you address your questions and concerns.

Contact us at (312) 313-1613 or fill out our online form to schedule a free case review with us today.