The following debts cannot be discharged in both Chapter 7 and Chapter 13. If you file for
Chapter 7, you will still be responsible for repaying these debts after your discharge. If
you file for Chapter 13, these debts will have to be paid in full in your plan. If they
are not, the balance will remain at the end of your case. Remember that you will also have
to continue to pay secured debts (such as a house or car payment) if you to intend to keep
the secured property. [see statute
11 523(a)]
Back child support, alimony obligations
and other debts dedicated to family support.
Debts for personal injury or death
caused by driving while intoxicated.
Student loans, unless it would be an
undue hardship for you to repay.
Fines and penalties for violating the
law, including traffic tickets and criminal restitution.
Recent income tax debts (within 3
years) and all other tax debts.
Debts you forget to list in your
bankruptcy papers, unless the creditor learns of your bankruptcy case.
The following debts may be declared
non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor challenges your
request to discharge them.
Debts you incurred on the basis of
fraud.
Credit purchases of $1,150 or more for
luxury goods or services made within 60 days of filing.
Loans or cash advances of $1,150 or
more taken within 60 days of filing.
Debts from willful or malicious injury
to another person or another person's property.
Debts from embezzlement, larceny or
breach of trust.
Debts you owe under a divorce decree or
settlement unless after bankruptcy you would still not be able to afford to pay them or
the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who
would have to pay them if you discharge them in bankruptcy).
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