Will debts be discharged regardless of the creditor in bankruptcy? How? 13 Answers as of July 16, 2015

Are all bills and debts discharged through a bankruptcy? Does it matter who the creditors are?

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
No. Student loans; child, spousal or family support; government fines; recent tax debt; and tax where a return was never filed are a few examples of debt that is NOT discharged. Please go see a knowledgeable local bankruptcy attorney to advise you and discuss all your financial circumstances before you do or file anything.
Answer Applies to: California
Replied: 7/16/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Yes certain debts such as child support, student loans, income taxes, etc. are examples of non-dischargeable debts.
Answer Applies to: Michigan
Replied: 7/16/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
There are certain types of debts that are not discharged in bankruptcy. All listed and dischargeable debts are discharged. For a list of non-dischargeable debts, look at 11 U.S.C. Section 523.
Answer Applies to: Colorado
Replied: 7/16/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Generally all unsecured creditors will be discharge but they have the right to object if they have grounds.
Answer Applies to: New York
Replied: 7/16/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not all debts are dischargeable in a BK. Taxes less then three years old, child support, maintenance (alimony) obligations, criminal fines or restitution are just a few examples of some debts not dischargeable in a BK. I charge a small fee for a one hour meeting to discuss all of these matters with you. I have successfully filed THOUSANDS of BK's, so I know I can help you.
Answer Applies to: Colorado
Replied: 7/16/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It doesn?t matter who the creditors are, but it does matter what type of debt it is. For example, a debt you owe your ex spouse for a car loan can be discharged, but a debt you owe the same ex spouse for alimony cannot be discharged. Debts that cannot be discharged are described in painful detail in 11 USC sec 523. The bankruptcy discharge paperwork describes the most common types of debts not discharged in bankruptcy. However, the most prevalent area of confusion occurs about secured debts and liens. As a general rule, bankruptcy does not change the lien rights of creditors absent extraordinary circumstances and efforts.
    Answer Applies to: Nevada
    Replied: 7/16/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: consult an experienced bankruptcy lawyer: it's almost always worth it. There are about a dozen classes of debt which a traditional bankruptcy (Ch. 7) does not discharge. These generally include debts incurred through wrongdoing (like fraud, theft,embezzlement), and some through public policy (debts which arise from a divorce, most taxes, some credit card debt incurred during he 90 days before filing the bankruptcy petition), etc. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 7/16/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It does not matter who the creditor is (unless it is child support, spousal support, criminal restitution, some taxes, and judgments for "bad acts".) No matter who the creditor is you must list them. The law requires you list ALL your debts.
    Answer Applies to: California
    Replied: 7/16/2015
    Ronald K. Nims LLC | Ronald K. Nims
    There are no exceptions to discharge based on who the creditors are. However, there are some exceptions to discharge based on the type of debt:-Income taxes less than 3 years old.-Child support-Alimony (this is trickier than it appears, most payments to a former spouse are property settlements not alimony)-Student loans-Criminal fines (This isn't a complete list but it's the debts that I commonly see in consumer bankruptcies, your attorney will advise you if you have any potentially nondischargeable debts) So, if you owe the government money because of a loan or because you t-boned a police car while texting and driving - it will be discharged but if you haven't paid 2014 income taxes it's not dischargeable.
    Answer Applies to: Ohio
    Replied: 7/16/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    No, there is quite a long list of debts excepted from discharge in section 523 of the bankruptcy code. The most common exceptions are taxes, domestic support, student loans, fines and criminal restitution.
    Answer Applies to: Oregon
    Replied: 7/16/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    It depends on the type of debt. You need to consult with attorney.
    Answer Applies to: Florida
    Replied: 7/16/2015
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