What debts are excluded from bankruptcy? 23 Answers as of March 26, 2012

What debts are excluded from Chapter 7? How about Chapter 13? Will debts such as my college loan be considered?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Student loans are likely not dischargeable.
Answer Applies to: Washington
Replied: 3/26/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
All debts are disclosed in your bankruptcy papers. However, not all debts are dischargeable. For example, you can not discharge taxes less than 3 years old, support obligations, and student loans.
Answer Applies to: Virginia
Replied: 3/12/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Student loans are not dischargeable in bankruptcy, unless there is an adversary proceeding based on hardship. You should consult with an attorney as to the specific facts in your case.
Answer Applies to: California
Replied: 3/12/2012
The Barger Law Firm
The Barger Law Firm | Jason W. Barger
Student loans, child support, governmental taxes are not dischargeable through bankruptcy. Child support payments are not affected by bankruptcy. Taxes and student loans will not be affected by a Chapter 7, but a Chapter 13 may help. Through a Chapter 13 plan, you can repay a portion of the debt over a period of time at a set amount. At the end of the plan, however, you will still be responsible for the amount of debt which has not been repaid.
Answer Applies to: Texas
Replied: 3/12/2012
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
Student loans are very rarely dischargeable. VERY rarely and it must be litigated.
Answer Applies to: Colorado
Replied: 3/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    School loans are not dischargeable.
    Answer Applies to: New York
    Replied: 3/9/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Student loans are almost always non-dischargeable, as are some taxes, child support and a few other things.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    GENERALLY, taxes are non-dischargeable (there are exceptions, however), student loans non-dischargeable, alimony or child support non-dischargeable, fines and penalties non-dischargeable, intentional torts non-dischargeable, and anything incurred through fraud is non-dischargeable. Everything else may be discharged.
    Answer Applies to: California
    Replied: 3/9/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    See code section 509 - priority debts and section 523 exception to discharge. There are many debts that are not dischargeable in bankruptcy, too many to list here. Student loan is theoretically dischargeable, however, you will have to prove hardship, and it is next to impossible. Unless you're declared mentally insane or adjudicated incapable to earn any income by a court, you won't be able to discharge it. Even in cases where debtors were able to prove hardship, the court only waived payments for couple of years, and ordered the debtors to be submitted to evaluation in order to determine whether they have regained the ability to earn income.
    Answer Applies to: Florida
    Replied: 3/9/2012
    J.M. Cook, P.A. | J.M. Cook
    No debts are excluded from bankruptcy but several debts are non-dischargeable. Consult with a qualified atty to discuss what debts you have that may or may not be dischargeable.
    Answer Applies to: North Carolina
    Replied: 3/9/2012
    William P. Turner Law Office, P.A. | William P. Turner
    All debts must be listed when you file bankruptcy. Certain debts survive the bankruptcy as they are non-dischargeable. Student loans are not dischargeable, with an undue hardship exception that rarely applies. Most non-dischargeble debts are non-dischargeable in both a 7 and a 13, but one exception is property and debt settlement obligations from a divorce decree which are dischargeable in a 13 but not in a 7.
    Answer Applies to: Kansas
    Replied: 3/9/2012
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    All debts are included and listed in a bankruptcy. I think you are asking if they are discharged or eliminated by the bankruptcy. Student loans are almost never discharged. In order to even have them considered for a discharge you must file an adversary proceeding (a lawsuit) within the bankruptcy case. You must prove that you have tried to pay the loans (made some payments) and that it is impossible in your lifetime to even make it back. To give you an idea, being a paraplegic has been found to not meet the standard. Domestic support obligations are not discharged although there is a difference in the way division of marital property obligations is treated in a chapter 7 and a chapter 13. Tax debt depends on the age of the debt, if it has tolled and what the source of the obligation is. The answers to most bankruptcy questions are very fact specific and you need to consult with a knowledgeable local bankruptcy lawyer.
    Answer Applies to: California
    Replied: 3/9/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    There are certain debts you cannot discharge, such as most taxes, child support, alimony. With narrow exceptions, student loans will stay with you.
    Answer Applies to: Florida
    Replied: 3/9/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    There are several types of debts that are not dischargeable in a chapter 7, including most tax obligations, student loans, child support, and debts for fraud and wantoness. In a chapter 13 most of these can be paid in the plan.
    Answer Applies to: Alabama
    Replied: 3/9/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There is a long list of debts excluded for bankruptcy. These include taxes, student loans, court fines, and other debts. Student loans are not dischargeable in a bankruptcy case.
    Answer Applies to: California
    Replied: 3/9/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You cannot discharge most student loans. Check 11 US Code Sections 523 & 727
    Answer Applies to: Ohio
    Replied: 3/9/2012
    Debt Relief Law Center | Roger J. Bus
    See 11 U.S.C. 523. Chapter 13 (the bill repayment plan) can be used to pay all kinds of debt including non-dischargeable taxes, student loans, etc.. Some kinds of debt is non-dischargeable in Chapter 7: student loans, alimony, child support, property settlements, fraud, recent taxes, etc..
    Answer Applies to: Michigan
    Replied: 3/9/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Generally student loans, spousal and child support obligations and tax liens are not dischargeable in bankruptcy. There may be other specific debts that are not dischargeable.
    Answer Applies to: Kansas
    Replied: 3/9/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Student loans are not discharged in chapter 7 or chapter 13. Books are written on the subject of everything else.
    Answer Applies to: California
    Replied: 3/9/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    All debts are included and must be listed. Whether they are ultimately discharged is another matter. Student loans are not dischargeble unless you prove hardship - almost to the extent that the hardship is you making a choice between paying student loans or living under the freeway.
    Answer Applies to: California
    Replied: 3/9/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your question about which debts can be discharged cannot be answered in an email bite. Student loans cannot be discharged unless you demonstrate an undue hardship in an adversary complaint.
    Answer Applies to: Michigan
    Replied: 3/8/2012
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Student loans, taxes and support obligations
    Answer Applies to: New York
    Replied: 3/8/2012
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