It is a common misconception that achieving a bankruptcy discharge will wipe out all of a Tennessee resident’s outstanding debts. In fact, a number of debts will survive the bankruptcy process and will remain liabilities for the individual to repay even after they have successfully completed the legal process. This post will discuss some of the debts that will endure a Chapter 7 bankruptcy discharge but readers are reminded that it is not exhaustive. Consultation with a bankruptcy attorney should be sought for case-specific advice.
One category of debts that will last through a Chapter 7 bankruptcy are ones that the debtor forgot to include when they initially filed for Chapter 7 bankruptcy. If a debt is not included in the debtor’s schedule of debts then it is not subject to discharge when the debtor ultimately gets to the end of the bankruptcy process.
Also, debts that are related to the debtor’s liability for causing personal injuries or wrongful deaths may not be excused through Chapter 7 bankruptcy. If a debtor has an outstanding judgment against them based on causing a personal injury through certain prohibited actions, then that judgment and the award attached to it may still stand after the debtor’s bankruptcy has ended.
Finally, debts that individuals have to certain members of their families, such as unpaid child support or unpaid alimony, will not be discharged in Chapter 7 bankruptcy. Tax obligations, debts on discharge in prior bankruptcies and a host of other debts will endure a Chapter 7 discharge. Readers should therefore be prepared for what their financial lives will look like after discharge by discussing their debts with their bankruptcy attorneys.