What debts are not discharged in a Chapter 7 bankruptcy? 19 Answers as of June 07, 2011

What debts are not discharged in a Chapter 7 bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Debts possibly not dischargeable are willful & malicious injuries to others, embezzlement, fraud, debts arising from breach of fiduciary duty, and student loans.
Answer Applies to: Washington
Replied: 6/7/2011
Jackson White, PC
Jackson White, PC | Spencer Hale
Common debts that are not discharged in a bankruptcy are taxes, student loans, child/spousal support, and fines for traffic or other municipal violations. These are not the only non-dischargeable debts, but they are the most common.
Answer Applies to: Arizona
Replied: 6/7/2011
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Some of the common types of debts which are not discharged (canceled) in a bankruptcy are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. Source: United States Bankruptcy Court Southern District of CA Disclaimer: there's a whole lot more to it, but that's a good departure point.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
Taxes, domestic support obligations, debts arising out of domestic relations property settlements and judgments, government penalties, judgments for fraud or other wrongful act (extortion, embezzlement, obtaining money under false pretenses, etc.) and restitution ordered as a part of a criminal sentence, secured obligations to the extent of the value of the security, education loans, loans owed to retirement plans.
Answer Applies to: California
Replied: 6/6/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Taxes over 3 years old, support & alimony, student loans, debts incurred by reason of damage caused by DWI, debts incurred fraudulently, intent to hinder/delay/defraud creditors.
Answer Applies to: Virginia
Replied: 6/3/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    There are a lot of debts not dischargable in bankruptcy and the bankruptcy code covers them all, but to name a few: student loans, child support, priority taxes, criminal restitution, anything connected to fraud, dui fees, etc.
    Answer Applies to: Indiana
    Replied: 6/6/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Books are written on that subject. Certain taxes, criminal fines and fees, and support orders are the biggies.
    Answer Applies to: California
    Replied: 6/6/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Most taxes, child support, alimony, debts from a separation agreement or divorce. Those are the main ones. Securities law fraud, drunk driving injuries, intentional acts like throwing an ashtray across the bar and hitting that other guy's face. That covers most of it.
    Answer Applies to: Virginia
    Replied: 6/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Generally, those not listed in the bankruptcy schedules and those which are excepted from discharge such as credit obtained by fraud, taxes due in the past three years, alimony and child support, amounts owed for drunk driving judgments and student loans.
    Answer Applies to: California
    Replied: 6/3/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Typically, tax debts, support/alimony and student loans are not discharged. Also, secured debts retain their rights against their collateral.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    The most common debts that are not discharged in bankruptcy are debts associated with criminal activity, student loan debt in most cases, and fines and fees owed to the government.
    Answer Applies to: Washington
    Replied: 6/3/2011
    James A. Johnson, P.C.
    James A. Johnson, P.C. | James A. Johnson
    Some taxes, child support, alimony, intentional injury to others, some debts incurred through fraud or false pretenses, drunk driving injuries and a few others.
    Answer Applies to: Alabama
    Replied: 6/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Criminal fines, Domestic Support Obligations (child and spousal support), student loans (with exceptions), income taxes filed less than three years ago, employment taxes, personal injury damages if intoxicated/under the influence of alcohol/drugs at time of accident, debts incurred to pay taxes within a certain period of time and debts incurred by fraud (if the creditor properly objects to the discharge in time). There are other less common non-dischargeable debts in Chapter 7 but the ones mentioned are the most frequent non-dischargeable debts.
    Answer Applies to: California
    Replied: 6/3/2011
    Sweeney Law Offices, P.L.L.C.
    Sweeney Law Offices, P.L.L.C. | Jesse Sweeney
    Generally, student loans and income taxes.
    Answer Applies to: Michigan
    Replied: 6/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Section 523 of the bankruptcy code spells out 18 exceptions to discharge. The most common ones are most taxes, student loans, support obligations, debts incurred by fraud or misrepresentation and debts not listed. Consult with a bankruptcy attorney for the rest.
    Answer Applies to: California
    Replied: 6/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    See 11 USC 523 for a full list of nondischargeable debts.
    Answer Applies to: California
    Replied: 6/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Generally, support obligations, student loans, and taxes, but this is not necessarily a complete list.
    Answer Applies to: California
    Replied: 6/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That is a very broad question. The debts excluded from discharge are listed in 11 U.S.C. 523. They include debts incurred by fraud, student loans, most taxes, domestic support obligations, fines owed to governments, and many more.
    Answer Applies to: California
    Replied: 6/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Most debts are. Some debts are not. They include anything fraudulent, damages from intentional torts and DUI, child support, alimony, student loans and most taxes.
    Answer Applies to: Georgia
    Replied: 6/3/2011
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