The rules pursuant to which debts are discharged, or eliminated, are different depending on which type of bankruptcy is filed. A Chapter 13 discharge nullifies most debts. Exceptions to Chapter 13 discharge include claims for spousal and child support; some educational loans; drunk-driving liabilities; criminal fines and restitution obligations; civil liability for damages from malicious injury to another; debts not included in the bankruptcy in time for the creditor to properly respond; certain tax liability; debt from fraud, larceny or embezzlement; and certain long-term obligations, such as home mortgages, that extend beyond the term of the plan.

In a Chapter 7 proceeding, the following debts are not discharged:

  • Debts or creditors not appropriately listed on the schedules, unless some narrow exceptions apply
  • Most student loans, unless repayment would cause the debtor and his or her dependents undue hardship
  • Recent federal, state and local taxes
  • Child support and spousal maintenance (alimony)
  • Government-imposed restitution, fines or penalties
  • Court fees
  • Debts resulting from driving while intoxicated
  • Debts not dischargeable in a previous bankruptcy because of the debtor’s fraud
  • In addition, a debt from one of the following categories is discharged unless the affected creditor requests that the court formally determine the debt falls into one of these categories after notice and hearing, and the court so finds: Debts from fraud, including certain debts for luxury goods or services incurred within 60 days before filing and certain cash advances taken within 60 days after filing
  • Debts from willful and malicious acts
  • Debts from embezzlement, larceny or breach of fiduciary duty

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We encourage you to contact us if you have questions concerning bankruptcy, family law, probate or tax law. Attorney Harold Faletti is available to provide personalized attention and address your concerns.