Non Dischargeable Debts in Bankruptcy
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There are several types of debts which survive the bankruptcy process and are as valid and collectable as they were prior to the bankruptcy. Under the bankruptcy laws, 12 major groups of debts are not dischargeable and which prohibits the creditors of the debtors from taking any form of collection action on discharge debts, including legal action and communication with the debtor, such as phone calls, letters and personal contacts.

  • Federal, state and local taxes that is due within the last three years.
  • Fines or restitution (to the court or victim) impose as a result of criminal activity
  • Student loans that is due in repayment status for at least seven years.
  • Debts you don’t record in your bankruptcy filings.
  • Liability for injuries or death from intoxicating driving.
  • Child support and alimony payments are not dischargeable.
  • Debts incurred in a prior bankruptcy that was dismissed due to fraud or misfeasance.
  • Fees imposed for a case, motion, complaint or appeal ordered by the court.

 You have to file a “Complaint to Determine Dischargeability” with the Bankruptcy court to get any of these debts discharged. There are also four types of debts which will e discharged unless the creditor objects to dischargeabilty.

  • Any debts that results fraudulently or illegally will not be discharged.
  • Debts incurred from wilful and malevolent injury to another or another’s property.
  • Debts incurred as a result of divorce or separation or property settlement.
  • Debts due to embezzlement, larceny or breach of trust

Non Dischargeable Debts in Bankruptcy