What debts cannot be discharged in bankruptcy? 31 Answers as of July 08, 2013

I have several types of debts including credit card,child support, mortgage, my car payments and cell phone is behind 2 months. Which ones will not be discharged?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Tax and student loans.
Answer Applies to: California
Replied: 7/8/2013
Heupel Law
Heupel Law | Kevin Heupel
Bankruptcy discharges all debts except recent taxes, child support, alimony, fines, and student loans. In your situation, bankruptcy will eliminate the credit cards, mortgage, car loans, and cell phones, but not the child support. However, if you want to keep your home, cars, and cell phones, you can do so provided you keep making your monthly payments.
Answer Applies to: Colorado
Replied: 8/10/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
unsecured debts will likely be discharged (cc, cell phone), your car and house are probably secured and might need to be reaffirmed if you want to keep them
Answer Applies to: Washington
Replied: 8/11/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Child support is not discharged. You have to pay for your kids.
Answer Applies to: California
Replied: 8/1/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Child support, taxes, alimony, student loans to name few
Answer Applies to: Maryland
Replied: 7/30/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Generally, recent of improperly filed taxes, judgments arising from DUI, alimony and child support and student loans
    Answer Applies to: Mississippi
    Replied: 7/30/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Secured debts (such as your mortgage and car payment) are dischargable, but you will have to keep paying the debt anyway or you will lose the assets (such as your house and car) that the debt is attached to. Child support cannot be discharged in bankruptcy. The other debts are dischargable in most instances - although there are some circumstances where certain credit card charges will not be dischargable. You should discuss the specifics of your financial life with an experienced bankruptcy attorney if you want to ensure you will get teh fresh start that you are looking for.
    Answer Applies to: Colorado
    Replied: 7/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Child support (a domestic support obligation), the mortgage (a secured debt) and car loan (a secured debt) are not dischargeable. You can return the car (voluntary repossession) and surrender the house and not owe anything on those debts but you cannot keep the house and the car if you do not pay those types of secured debts because those debts are secured by voluntary liens (such a mortgage or deed of trust or a vehicle title lien) you signed when you took out the mortgage and bought the car.
    Answer Applies to: California
    Replied: 7/29/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Certain debts are not discharged such as most taxes, child and spousal support, student loans and debts incurred by fraud. Secured debts are discharged but the creditor has the right to the property.
    Answer Applies to: California
    Replied: 7/29/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    If your desire is to discharge all of the obligation listed, they are all dischargeable, except for the Child Support obligation. If you intend to keep the home and the car, the payments will still have to be made, because the lien is still attached to the property. If you do not desire to retain the home and car, the obligations will be discharged.
    Answer Applies to: Utah
    Replied: 7/29/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Of the debts you listed, the ones you are going to be left with are child support, and, assuming you are going to keep the car, the car payments.
    Answer Applies to: California
    Replied: 7/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Child support cannot be discharged. While the other debts often are dischargeable, there are exceptions based on the facts of the case. Your attorney can address those facts.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    Typically, child support payments are not dischargeable in bankruptcy. The other debts listed are dischargeable.
    Answer Applies to: New York
    Replied: 7/29/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Google "11 U.S.C. 523" and read the list.
    Answer Applies to: Michigan
    Replied: 7/29/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Child support isn't discharged. If you want to keep your cell phone, you should bring it up to date if the balance is reasonable. You can keep your house if you want to as long as it's up to date. You really need a lawyer's help.
    Answer Applies to: Virginia
    Replied: 7/29/2011
    Law Offices of Daniel Moulton
    Law Offices of Daniel Moulton | Daniel Moulton
    Child support, and you will still have to pay your mortgage and car notes if you want to keep your house and cars.
    Answer Applies to: Illinois
    Replied: 7/29/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    Child support obligations will not be discharged. The others you list will be.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    From the debts that you have listed, the child support would certainly not be discharged pursuant to Bankruptcy Code Section 523(a)(5). Recent credit card charges can be held to be non-dischargeable under Section 523(a)(2), if you made the charges after you decided to file bankruptcy, if you made the charges without the intent to pay for them, or used a false financial statement or false credit application to get the credit in the first place. Your mortgage and car payments are dischargeable, but if you intend to keep the home and the car, you will need to continue to pay for them in order to keep them. You will likely also have to sign a Reaffirmation Agreement on the vehicle, which has the effect of reviving your personal liability on that debt. Your cell phone bill is dischargeable, but of course they will stop your cell phone service if they are not paid. Thank you, .
    Answer Applies to: Texas
    Replied: 7/29/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    See 11 USC 523. One your list: child support not going away.
    Answer Applies to: California
    Replied: 8/2/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Talk to a bankruptcy attorney
    Answer Applies to: California
    Replied: 7/29/2011
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Of the debts you list, child support cannot be discharged. Other non-dischargeable debts include most taxes and student loans.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    From what you mentioned the child support sounds like it will be the only one that cannot be discharged, You may not want to discharge others.
    Answer Applies to: Florida
    Replied: 7/29/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Most unsecured debts are dischargeable in bankruptcy. The general exceptions are: student loans, IRS assessed taxes, and family support obligations. There are some subtleties so it is best to confer with an attorney to help determine which debts are dischargeable for a particular case.
    Answer Applies to: California
    Replied: 7/29/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Of the ones you listed, child support is not dischargeable, period. Depending on the use of the credit cards in the past 6 months or so, they may not be dischargeable to the extent you made cash advances, balance transfers, purchased things such as jewelry, televisions, airline tickets for vacations, charged more than $700 on any one card in the past 90 days.
    Answer Applies to: California
    Replied: 7/29/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Child support is not dischargable in bankruptcy.
    Answer Applies to: Indiana
    Replied: 7/29/2011
    Law Office of Bobby Yaghoubian
    Law Office of Bobby Yaghoubian | Bobby Yaghoubian
    Non-dis chargeable debt generally includes: support payments (alimony, child support), student loans, and taxes. Credit cards, car loans, and utility bills are generally dis chargeable.
    Answer Applies to: California
    Replied: 7/29/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Generally speaking, unsecured consumer debts such as credit cards, medical bills and unpaid utility bills can be discharged in bankruptcy. Federal and state tax debt is generally non-dischargeable unless certain conditions are met. Child support is a priority debt that is also non-dischargeable. For more specific answers as to each type of debt, you should contact an attorney to discuss your individual situation. subject to applicable attorney/client and/or work product privileges.
    Answer Applies to: Oregon
    Replied: 7/29/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    You are unable to discharge any domestic support obligations in a bankruptcy.
    Answer Applies to: Michigan
    Replied: 7/29/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    The only debt that you have listed that will not be discharged in bankruptcy is the child support. The other unsecured debts will be discharged. If you wish to keep your home and car, you will need to continue to make payments as this debt will not be discharged if you want to retain the property.
    Answer Applies to: Washington
    Replied: 7/29/2011
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