San Antonio Chapter  7 Bankruptcy &
Bankruptcy and Non-dischargeable  Debts

An individual applying for San Antonio Chapter 7 bankruptcy targets to be completely discharged from debts if achievable. The general ruling on this is that once Chapter 7 bankruptcy is filed, a financial obligation created previous to the formal application of bankruptcy case is discharged. Bankruptcy discharge eliminates a debtor's liability on a financial obligation or claim. Even though financial obligations are generally discharged, financial obligations similar to mortgage or car loan are not wiped out by formally applying for bankruptcy.
There are exclusions of the financial obligations that can be wiped out by formally applying for Chapter 7. Some creditors will persist on their claims by formally applying for exceptions to the bankruptcy court. Creditors may seek for the financial obligation discharge exclusion by making a claim that the debtor has been dishonest or falsified record to obtain the loan or debt. If the court does not discharge any financial obligation, the debt collector has to be repaid and this will create a substantial bearing on a debtor's bankruptcy filing goals.



Even though formal application for Chapter 7 will discharge the liabilities, exclusions are made to protect it from abuse and eliminate financial obligation of debtors who actually need it. There are debts that endure bankruptcy discharge under 523. A debt may not be discharged for the grounds that is was created by means of any form of fraudulence or it the debt was made in accordance to public policy.
The non-dischargeable debts attributable to the debtor's dishonest conduct consist of those created by intentional tort, theft, fraud, scam, drunken driving, and fiduciary infringement. The non-dischargeable debts attributable to public policy consist of educational loan, child support, alimony, customs duties and taxes, government fines, penalties, and forfeitures, unlisted claims, and some debts that endure a preceding bankruptcy case. A debtor needs to repay for any type of financial obligation attributable to public policy or transgression. Find out more details from a San Antonio Bankruptcy Attorney
A debtor who has utilized a credit card to buy something that is regarded as luxury, costs greater than $500, and obtained within the period of 90 days before filing for Chapter 7 bankruptcy will not be discharged from the financial obligation. In addition, several courts have found certain credit card debts to be not dischargeable for the reason that each time a person charges something to a credit card it means that the debtor can pay and will pay for the charged amount.
Upon Chapter 7's final discharge, a debtor needs to be knowledgeable of the following settings in which the court could dismiss the debt discharge: court order noncompliance, forging documents, making false accounts, oath, or claims deliberately, hides estate records, unable to present appropriate explanation about loss of assets, destroys or conceals assets a year before or after filing Chapter 7, and any action or failure to act for the debtor's personal gain only. A bankruptcy court judge can also disapprove a bankruptcy case for any unscheduled debt, fees or payments that were not paid, or causing proceedings delay with no adequate reason.