Types of Debt in Phoenix Bankruptcy

Not all debts are treated the same in bankruptcy. Here is a complete guide to which debts can be eliminated and which survive for Phoenix residents.

This page provides general educational information, not legal advice. Consult a qualified attorney for advice about your specific situation.

Dischargeable Debts

  • Credit card debt: 100% dischargeable (minor exceptions for recent luxury purchases)
  • Medical bills: 100% dischargeable -- the #1 cause of bankruptcy
  • Personal loans: Dischargeable including loans from friends and family
  • Utility bills: Past-due amounts dischargeable
  • Payday loans: Fully dischargeable
  • Lawsuit judgments: Most money judgments dischargeable
  • Repossession deficiency: Remaining balance after repo and sale
  • Business debts: Personally guaranteed debts dischargeable
  • Old tax debt: Federal income taxes meeting the 3-2-240 rule

Non-Dischargeable Debts

  • Child support and alimony: Never dischargeable
  • Student loans: Presumed non-dischargeable unless undue hardship proven
  • Recent tax debt: Taxes not meeting 3-2-240 rules
  • Debts from fraud: False pretenses, false representation
  • DUI injury debts: Death or personal injury from drunk driving
  • Criminal fines: Court-ordered criminal penalties
  • Government penalties: Non-compensatory fines

Secured vs. Unsecured Debt in Arizona

Secured Debts

Backed by collateral (mortgage, car loan). You must return the collateral or continue paying. Arizona exemptions protect: $250,000 homestead, $6,000 vehicle.

Unsecured Debts

No collateral (credit cards, medical bills). Typically eliminated entirely in Chapter 7, or paid pennies on the dollar in Chapter 13.

Priority Debts

  • Domestic support obligations (child support, alimony) -- highest priority
  • Administrative expenses (trustee fees, attorney fees)
  • Priority tax claims (recent income taxes, payroll taxes)
  • Employee wages within 180 days before filing (up to $15,150 per employee)

In Chapter 13, all priority debts must be paid in full through your plan.

Frequently Asked Questions

What debts can be discharged in bankruptcy?

Most unsecured debts: credit card debt, medical bills, personal loans, utility bills, lease obligations, payday loans, and most lawsuit judgments.

What debts cannot be discharged?

Child support/alimony, most student loans, recent tax debts, debts from fraud, DUI injury judgments, criminal fines, and government penalties.

Is credit card debt dischargeable?

Yes. 100% dischargeable. However, luxury purchases over $800 within 90 days or cash advances over $1,100 within 70 days may be challenged.

Can I discharge a car loan in Phoenix?

If you surrender the vehicle, the remaining balance is dischargeable. If you keep the car, you continue paying. Arizona's vehicle exemption of $6,000 protects your equity.

What about payday loans?

Payday loans are generally dischargeable. Courts consistently reject lender arguments that they are non-dischargeable.

Are personal loans from family dischargeable?

Yes, but payments to family within one year of filing may be recovered by the trustee as preferential transfers.

Check Your Eligibility

Use the free 1328(f) screener to check whether a prior discharge affects your eligibility for a new bankruptcy discharge.

Free Discharge Screener Means Test Guide

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