What Doesn't Bankruptcy
Do?
Bankruptcy cannot, however, cure every financial problem. Nor
is it the right step for every individual. In bankruptcy, it is
usually not possible to:
- 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.
- Discharge types of debts
singled out by the bankruptcy law for
special treatment, such as child support, alimony, certain other
debts related to divorce, some student loans, court restitution
orders, criminal fines, and some taxes.
- 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.
- Discharge debts that arise
after bankruptcy has been filed.