What kind of debt does Chapter 7 minimize?

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Question:

What kind of debt does Chapter 7 minimize?

Answer:

Minimizing debt chapter 7 wise actually means eliminating it. All forms of bankruptcy are about getting rid of most debts through what is known as a discharge. Some debts will disappear, certain others will not be. When it comes to actually minimizing a debt, chapter 7 can be used as a tool to take to the lender to renegotiate for better terms.

Bankruptcy Itself does not Minimize Debt

What bankruptcy does for the petitioner is black and white. It's an instrument used for relieving certain debts, nothing more, nothing less. A trustee does not go to the creditors and tell them that they have to lower their debts. Rather their job is to determine if a debt can be discharged or not.

Certain debts such as alimony or child support cannot be altered via a bankruptcy. If a debtor cannot afford to make their payments, they must go back to the family court judge with petition in hand. They then have to hope that the judge will lower the monthly amounts with the knowledge of bankruptcy. The same goes for a secured loan. A filing can be used to renegotiate with a lender to bring down payments or interest paid. It's usually the case that a lender would rather have the money than the property and will work with the debtor on this issue.

Talk to a Lawyer

Being uncertain about how bankruptcy works is normal. There's plenty of misinformation about the benefits of a filing. Talk to a lawyer with the thought to hiring them in the future. They can answer questions about debts and how they'll be handled in a chapter 7.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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