What Debts will not be Discharged?

What Debts will not be Discharged?

Debts that are automatically not discharged in Bankruptcy!

Here are some of the most common types of debts which are not discharged in bankruptcy or may be held non-dischargeable:

  • Debts for most newtax debt
  • Debts incurred to pay non dischargeable debts
  • Debts that are domestic support obligations
  • Debts for student loans
  • Debts for fines, penalties, forfeitures, or criminal restitution obligations
  • Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated
  • Debts which were not properly disclosed by the debtor
  • Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged
  • 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
  • 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
  • Debts incurred on the basis of fraudulent acts
  • A debt from willful and malicious injury to another or another’s property, or an intentional tort (conversion, assault, battery, etc.)
  • Debts from embezzlement, larceny or breach of trust
  • Debts arising from a marital property settlement agreement or divorce decree.

If you have any of these debts it is very important that you discuss these debts with your Bankruptcy Attorney so he or she can fully advise you on how the bankruptcy will affect the status of these debts in your Bankruptcy.