NON-DISCHARGEABLE DEBTS
The following debts cannot be discharged in either Chapter 7 or Chapter 13 proceedings:
- Debts for personal injury or death caused by driving while intoxicated.
- Student loans, unless it extreme undue hardship such as medical condition that prevents you from obtaining employment.
- Fines and penalties for violating the law, including traffic tickets and criminal restitution.
- Recent income tax debts (within 3 years) and all other tax debts.
- Debts you do not list in your bankruptcy papers, unless the creditor learns of your bankruptcy proceeding.
Under Chapter 7, you will still be responsible for repaying these debts after discharge. If you file for Chapter 13, these debts will have to be paid in full under your payment plan. If the debts are not paid, the balance will remain at the end of your case. Keep in mind that you will also have to continue to pay secured debts such as a mortgage or vehicle payment if you to intend to keep them. Child support, alimony, and other debts related to family support are not dischargeable:
The following debts may be declared non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor challenges your request to discharge them:
- Debts you incurred through fraudulent means.
Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing.
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 would receive by the discharge outweighs any detriment to your ex-spouse.
Contact a Bankruptcy Lawyer at Dominguez & Associates, P.A.
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