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What
can Bankruptcy not do for me?
Bankruptcy
cannot cure every financial problem. Nor is it the
right step for every individual. Examples include:
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Bankruptcy does not eliminate
certain rights of “secured” creditors. A
“secured” creditor has taken a mortgage or
other lien on property as collateral for the
loan. Common examples are car loans and home
mortgages. You can force secured creditors to
take payments over time in the bankruptcy
process and bankruptcy can eliminate your
obligation to pay any additional money if your
property is taken. Nevertheless, you generally
cannot keep the collateral unless you continue
to pay the debt.
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Bankruptcy does not discharge
types of debts singled out by the bankruptcy law
for special treatment, such as child support,
alimony, certain other debts related to divorce,
most student loans, court restitution orders,
criminal fines, and some taxes.
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Bankruptcy does not protect
cosigners on your debts. When a relative or
friend has co-signed a loan, and the consumer
discharges the loan in bankruptcy, the cosigner
may still have to repay all or part of the loan.
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Bankruptcy does not discharge
debts that arise after bankruptcy has been
filed. |
For
more information about bankruptcy, please call us at
408-294-6100, or e-mail us via info@sjconsumerlaw.com.
One of our attorneys will be able to answer
any questions which you may have in greater detail.
Please remember that the foregoing information
is of a general nature, and does not constitute
legal advice. The facts of each situation are
unique, and we must discuss those facts with you
before any advice can be given. |
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