What Types Of Debt Cannot Be Discharged In Bankruptcy?

If you’re filing for bankruptcy, you may be wondering what types of debt can’t be discharged.  For both Chapter 7 and Chapter 13 bankruptcy, there are certain kinds of debt that cannot be legally discharged.  Let’s begin by looking at debts that are not discharged in a Chapter 7 bankruptcy.

Debts that cannot be discharged in Chapter 7 bankruptcy include fraud and intentional acts of wrongdoing.  Other types of debt that are not typically discharged in a Chapter 7 bankruptcy include student loans, taxes, alimony, child support, and spousal support. Debts associated with a divorce or marriage separation agreements (i.e. judgments about property division) are also excluded from discharge.

Additional types of debt that cannot be discharged in a Chapter 7 bankruptcy include tax liens, debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts), debts for willful and malicious injury, and condominium or cooperative association fees.  In both chapters of bankruptcy, any taxes owed to the U.S. government or any county, state, or government agency are not typically discharged.  When it comes to Chapter 13 bankruptcy, there are a larger number of debts that cannot be dischargeable.  Any debts not specifically addressed by your Chapter 13 repayment plan may remain – and you will be required to pay them in full (either before or after the discharge).

Types of debt that cannot be discharged in a Chapter 13 bankruptcy include: educational loans, drunk driving fines, criminal fines, child support, alimony, and certain types of long-term obligations such as home mortgages that extend beyond the term of your repayment plan. Additional debts that cannot be discharged in Chapter 13 include: debts for willful and malicious injury, unscheduled debts, certain taxes such as withholding taxes if you had employees, interest owed on non dischargeable debts, and debts that are not dischargeable under other laws (such as amounts owed for certain health education programs).

To learn more about what types of debt cannot be discharged, consult with an experienced bankruptcy attorney.

Leave a Reply