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Bankruptcy Law Center
ABOUT CHAPTER 7
HOW CHAPTER 7 WORKS
THE CHAPTER 7 DISCHARGE
ABOUT CHAPTER 13
HOW CHAPTER 13 WORKS
THE CHAPTER 13 DISCHARGE
STATE EXEMPTIONS
COURT GUIDE
ROLE OF THE TRUSTEE
BANKRUPTCY TERMS
BANKRUPTCY & TAX LIABILITY
FREQUENTLY ASKED QUESTIONS

 

Are any debts non-dischargeable in Bankruptcy?


The following debts cannot be discharged in either Chapter 7 or Chapter 13 bankruptcies. If you file for Chapter 7, you will still be responsible for repaying these debts after your discharge. If you file for Chapter 13, these debts will have to be paid in full through your plan. If they are not, the balance will remain at the end of your case. Remember that you will also have to continue to pay secured debts (such as a house or car payment) if you to intend to keep the secured property. [see statute 11 523(a)]

  • Back child support, alimony obligations and other debts dedicated to family support.
  • Fines and penalties for violating the law, including traffic tickets and criminal restitution.
  • Student loans, unless it would be an undue hardship for you to repay.
  • Debts for personal injury or death caused by driving while intoxicated.
  • Recent income tax debts (within 3 years) and all other tax debts.
  • Debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case.

The following debts may be declared non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor challenges your request to discharge them.

  • Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing.
  • Debts you incurred on the basis of fraud.
  • Loans or cash advances of $1,150 or more taken within 60 days of filing.
  • Debts from willful or malicious injury to another person or another person's property.
  • Debts from embezzlement, larceny or breach of trust.
  • Debts you owe under a divorce decree or settlement unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy).

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