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Chapter 13
Bankruptcy does not wipe out most mortgages or liens; however, judgment liens and some liens on personal property called “non-purchase money security interest” may be voided if they encumber exempt property. If a debtor wants to keep his or her house, generally, the debtor must continue the payments on the mortgage. If the debtor wants to keep a car that is liened, he or she must likewise continue the payments. A debtor facing foreclosure on his or her home may use Chapter 13 to repay past due payments and other costs, while also making the other regular mortgage payments, and keep the home. Chapter 13 may also be used to get back a car that has been repossessed by a creditor. In a Chapter 7 liquidating bankruptcy, certain property can be redeemed from a lien by an appropriate proceeding in the bankruptcy, which would require paying to the lienholder the market value of the property.

If a creditor or the trustee objects, a debtor may be denied a discharge and continue to owe the debts as if the bankruptcy had never been filed. Some of the reasons for being denied a discharge are fraudulent transfer of an asset to keep it away from creditors or the bankruptcy trustee, concealment of assets, or disobeying or making a false statement to the court. Such acts may also constitute federal crimes for which the debtor can be fined or imprisoned.

Certain types of debts, such as child support, alimony, some federal income taxes and all employer withholding taxes are not discharged in bankruptcy. Generally, student loans cannot be discharged, unless the first loan payment was due more than seven years before filing bankruptcy. The debtor’s wrongful conduct may make some debts nondischargeable in a liquidation bankruptcy, such as incurring credit card charges when the debtor had no intent or the ability to repay or obtaining loans using false financial information.


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Robert C. Furr
Charles I. Cohen
Alvin S. Goldstein
Marc P. Barmat
Alan R. Crane