• Unsecured non-priority debt can be discharged in a Florida bankruptcy case.debt defined image by Christopher Walker from Fotolia.com
  
  A Florida debtor files for bankruptcy with the hopes of having his debts discharged. Debts are discharged in different ways in Chapter 7 and Chapter 13 bankruptcy. The constant in both chapters of bankruptcy is the type of debt that can be discharged. When determining which debts may be discharged in a bankruptcy case, we need to first examine how the debt was obtained.
  
  

Secured Debt

• If a debtor secured a loan by agreeing that if he ever defaulted on the loan, the lender could take his property, the debtor obtained secured debt. Because collateral backs secured debt, the lender can be sure that if he does not receive payment from the debtor, he will not have a complete loss. The lender can take the property as agreed upon in the loan contract. The lender can either keep the property or sell it to recoup money owed by the debtor. Examples of secured debts are mortgages and motor vehicle loans. When a house goes into foreclosure, the debtor has defaulted on his payments. When a repo man takes a car, the debtor has not lived up to the terms of his loan contract. Secured debt cannot be discharged in a Florida bankruptcy.
  
  

Unsecured Debt

• If a debtor secured a loan by agreeing to repay the loan at a later date, and the loan is not backed by collateral, the debtor has obtained unsecured debt. When a debtor defaults on unsecured loan debt, the lender may send letters, make telephone calls, obtain a civil judgment or attempt to garnish a debtor's wages. With unsecured debt, the lender cannot easily induce the debtor to repay the loan. Examples of unsecured debt are rent payments, credit card debt, cellphone bills, student loan payments, child support and medical bills. Unsecured debts can be discharged in a bankruptcy case.
  
  

Discharge

• Even though unsecured debts may be discharged in both Chapter 7 and Chapter 13 bankruptcy cases, not all unsecured debts can be discharged. Priority unsecured debts cannot be discharged in any bankruptcy case. Alimony, child support, tax debts, student loan debt, and any wages, salaries or commissions owed to employees must be repaid, even though the debtor has filed for bankruptcy. If a University of Florida student has substantial debt from her student loans and then files for bankruptcy, she is still responsible for repaying the loans. Only non-priority unsecured debts, such as credit cards, and utility and medical bills, may be discharged in a Florida bankruptcy. If the same University of Florida student goes on a shopping spree charging expensive clothes on a credit card, she may be able to discharge the debt incurred by filing for bankruptcy.