What are the consequences of filing for bankruptcy?


Depending on a debtor's financial situation and reasons for filing, the consequences of filing for bankruptcy protection may outweigh the benefits. The following information is intended as a summary only. You are strongly encouraged to consult with an attorney in order to determine the rights and obligations that apply to your individual situation. Those considering bankruptcy should be aware of the following: Filing for bankruptcy protection is not free. How much does it cost?  To view filing fee schedules click here

  • Not all debts are dischargeable. Examples of debts which are not dischargeable are:
  • Spousal and child support obligations
  • Most tax debts
  • Most student loans
  • Fines, penalties, forfeitures, or criminal restitution obligations
  • Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated
  • Some debts which may not be properly listed.

In addition, secured creditors retain some rights which may permit them to seize property, even after a discharge is granted. Schedules of the debtor's assets and liabilities must be timely filed. Failure to timely file the appropriate schedules may result in dismissal of the bankruptcy and the barring of the debtor from filing again for 180 days (six months). If a case is not dismissed and a discharge is entered by the court, the debtor may be prohibited from being granted another discharge in a later case. Fraudulent information or acts by the debtor are grounds for denial of a discharge and may be punishable as a criminal offense.