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Warren & Migliaccio

What debts can not be discharged in bankruptcy? PDF Print E-mail

Most debts are dischargeable in a Chapter 7 or Chapter 13 case.  However, some debts are generally not dischargeable under consumer bankruptcy.  They include the following:


  1. Debts you do not list in your bankruptcy filings.
  2. Student Loans, unless repayment would cause undue hardship
  3. Spousal and Child Support
  4. Fines and penalties owed to a governmental unit.
  5. Criminal fines and restitution.
  6. Drunk Driving obligations
  7. Debts incurred as a result of fraud or false statements.
  8. Debts from claims for willful and malicious injury.
  9. Debts incurred by embezzlement or larceny in a fiduciary capacity.
  10. Debts arising from a divorce decree or marriage settlement agreement..

Some debts will be discharged unless the creditor objects to them being  dischargeable. (items 7 through 10 listed above are included in this category)

Note:  Check with a bankruptcy lawyer to verify whether a debt is dischargeable or

 
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