Why would someone want to file under Chapter 7 of the United States Bankruptcy Code with an Orland Park bankruptcy attorney? There are several reasons why someone would want to file for bankruptcy. The most obvious reason is that the person is in huge financial debt and is looking for a fresh start. In many cases, Chapter 7 bankruptcy filing can do just that. It really depends upon the type and nature of the debt. Some debts are easily eliminated in a bankruptcy filing while others remain due and owing.
For example, student loans are not going to be eliminated by filing Chapter 7 bankruptcy unless you can prove that the existence of the loan and the inability to pay it back would cause an undue hardship. In my experience as a bankruptcy attorney, I have yet to see a case where I could reasonably advise a client that the student loan debt would be eliminated.
Child support is another type of debt that will not be eliminated under Chapter 7. The obligation to pay child support is one that the government feels is of utmost importance. There is never a way to eliminate the duty or obligation to pay a child support debt. If your only two debts are student loans and child support, then I would suggest that you do not waste your time filing for bankruptcy. You will have gone through the entire bankruptcy process and not received the relief that you were looking for.
If you meet with a bankruptcy attorney, that attorney will be able to advise you as to what debts are dischargeable and which debts are not dischargeable. It may still be in your best interest to file for bankruptcy protection even if some of your debts are going to remain due and owing. If you could eliminate credit card debt or medical debt, then you may be in a better position to pay back some of your non-dischargeable debts.
When looking into filing for Chapter 7 bankruptcy, make sure that you have all of your debt information available for your bankruptcy lawyer to see. You do not want to leave out a creditor. You want to make sure that all of the people that you owe money to are listed on your bankruptcy petition. That way, the creditor will receive a notice that you have filed for bankruptcy as well as a notice that your case has gone through to a discharge. Once your case is discharged, creditors cannot bother you again on those discharged debts.