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Can you reaffirm unsecured debt in St of Inten

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    Can you reaffirm unsecured debt in St of Inten

    I have a question. I am a no asset Ch 7, and I have absolutely no secured debt. I do have a hefty student loan balance, which I know is not dischargable and a smallish tax debt that doesn't meet the dischargability guidelines. I am not looking in anyway to discharge these two debts. My question is, can I list these two debts on my Statement of Intention, with an indication that I would like to reaffirm the debts so to basically preempt any issues at the 341 hearing or any objections to discharge? Or does it really matter and the debt will just be found non-dischargable by the Trustee. How does it work when at debt is automatically non dischargable? What steps are taken during the BK to address these issues?
    Thanks!

    #2
    There is no need to list them on the statement of intention. Nothing needs to happen during the BK process, you will just need to continue paying the debt after your BK is completed.

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      #3
      Thanks, Once your case is discharged, does the debtor receive a list of debst that were discharged and weren't?

      I am a bit confused about the tax issue. Will someone from the IRS show up or file something saying this debt is not dischargable? Or does the trustee just designate the debt not dischargable and that is it?

      I am most nervous about meeting the IRS man at my 341 hearing. The tax debt is fairly low , less than 1500.00.

      I have never had a tax debt before, so a bit afraid.

      Comment


        #4
        Don't worry about the tax debt.
        They will not show to the 341 for that small amount usually.
        You can make payment arrangments with the IRS and because you filed BK the arrangements will be extremely affordable.
        your IRS debt is priority dept.
        You have a list of what is discharged in your petition.
        Do you have an attorney? He will show you what is discharged and what is not.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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          #5
          No, Filed Pro-Stupid, uh I mean Se- (Just kidding! I just keep doubting my decision to go it alone, but couldn't afford an attorney anyway so had to go Pro Se)

          Anyhoo, I listed the Tax debt as unsecured priority debt, and the Student Loan as unsecured non priority.

          I did that correctly didn't I?

          Student Loan won't get wiped out, would be nice if it did, I should be a freakin Thoracic Surgeon for the amount of SL debt I have~

          How does it work w the SL debt, does it just get declared as non dischargable. This is the whole part of the process that I don't have a great grasp on.

          So you go through BK, all your debt is wiped out, except for certains debts ( some taxes, SL, etc) But exactly how is it treated in BK?

          Do you receive some kind of paperwork from the BK court that says all of your debts except these ( SL< TAxes) are gone?

          I guess the question I am asking is if you get some official form from the court that says-Nope non dischargable, here's your paperwork, now move on and pay those debts!

          Comment


            #6
            You'll get a discharge letter that is dhort and to the point. It'll quote the applicable section dealing with discharge and say, "all debt eligible for discharge has been discharged". It won't be an itemized list.

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