Debt Elimination Laws

The only legal way to eliminate most consumer debts is Chapter 7 bankruptcy. Other remedies, such as debt consolidation, credit counseling and Chapter 13 bankruptcy work as forms of debt reduction but do not eliminate legal responsibility for most debts.

  1. Eligibility

    • Chapter 7 debt elimination is reserved for people who make less than their state's median income. Those who fail a federal means test are ineligible.

    Time Frame

    • Legal debt elimination can take four to eight months to complete. Chapter 7 is reflected on a credit file for 10 years.

    Exceptions

    • Some debts can never be liquidated under any bankruptcy or other debt program. These include child support, alimony, court fines and taxes less than three years old.

    Student Loans

    • Student loans can be placed into hardship programs by the lender. However, only in rare cases where there is permanent disability are these eligible for debt elimination.

    Assets

    • Debt elimination usually means giving up assets such as stocks, a home, excessive cars or jewelry, and banking accounts. Retirement plans are exempt.

    Considerations

    • As of October 2009, filing for Chapter 7 debt elimination without an attorney costs about $300.

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