Debra Booher &Associates Co., Lpa Click here to get your free Legal evaluation
Call Us Today Toll Free

What debts are excluded from Chapter 13 discharge?

If you qualify for Chapter 13 bankruptcy, it offers you many potential benefits. Because a Chapter 13 bankruptcy reorganizes your debt rather than liquidating assets in order to pay it off, in most cases you will be able to retain your property in Ohio, such as your house or your car, when you file for Chapter 13 bankruptcy. At the end of your repayment period, if you have kept up your payments on time, most of your debts will no longer remain.

However, filing Chapter 13 cannot make all your debts simply disappear. According to FindLaw, certain debts are ineligible for Chapter 13 and will remain even after your discharge is complete. For example, financial penalties that you incurred by breaking the law, such as drunk driving liabilities, are not included in your Chapter 13 filing. 

If you have a mortgage, or similar obligation that extends past the term of your repayment plan (typically three to five years) it will remain even after your Chapter 13 discharge. Your Chapter 13 filing may include any past due mortgage payments that you may owe, but the mortgage itself will continue for its intended duration.

Generally speaking, a Chapter 13 bankruptcy will not result in a discharge of student loans. However, if you are unable to continue making student loan payments, you may apply for a hardship discharge at the same that you file for Chapter 13, although your hardship discharge application will be separate from your bankruptcy filing.

Chapter 13 does not relieve you of your child support or alimony obligations, although it may result in a temporary halt of collection proceedings for past due payments. Furthermore, failure to meet domestic support obligations may result in a dismissal of your Chapter 13 case.

The information in this article is not intended as legal advice but provided for educational purposes only.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cuyahoga Falls Office
1350 Portage Trail
Cuyahoga Falls, OH 44223

Cuyahoga Falls Law Office Map

Beachwood Office
3401 Enterprise Pkwy.
Suite 340
Beachwood, Ohio 44122

Map & Directions

Independence Office
4700 Rockside Rd
Suite 415
Independence, Ohio 44131

Map & Directions

Westlake Office
1991 Crocker Rd
Suite 600
Westlake, Ohio 44145

Map & Directions

Canton Office
4450 Belden Village Street NW
Suite 204
Canton, Ohio 44718

Map & Directions

Ravenna Office
2633 St. Rt. 59
(Orchard Plaza)
1st floor
Ravenna, Ohio 44266

Map & Directions