What debts are not dischargeable?
The basic purpose of bankruptcy law is to obtain a discharge of your debts and allow you a fresh start. However, certain types of debts are not dischargeable such that you are still obligated to repay them after your case is concluded. These debts include the following:
CHAPTER 7 CASES:
- Depending on your circumstances, debts not listed in the schedules are generally not discharged. Accordingly, it is imperative that you list all of your creditors.
- Certain taxes, including funds borrowed and used to pay taxes.
- A claim based upon money, property, services, or credit obtained by fraud or false pretenses (e.g., a false financial statement used to obtain credit or charges incurred on a credit card with no intention to repay them).
- Consumer debts in excess of $600 for luxury goods or services to a single creditor, incurred within ninety (90) days of case filing.
- Cash advances in excess of $750 under an open end credit plan made within sixty (60) days of the case filing.
- Alimony, child support, and marital debts arising out of or in connection with a separation agreement or domestic court order.
- Damages for willful and malicious injury.
- Certain governmental penalties and fines.
- Educational loans, except in cases of prolonged and severe hardship. Please note, however, that undue hardship is a very difficult standard to meet.
- Any debt for death or personal injury caused by the unlawful operation of a motor vehicle, vessel or aircraft while intoxicated.
- Loans from retirement accounts and federal thrift savings accounts.
- Debts for violations of federal and state securities laws or common law fraud, deceit or manipulation in connection with the purchase or sale of a security.
- A debt for fraud or defalcation (dishonesty) while acting in a fiduciary (trust) capacity, embezzlement or larceny.
CHAPTER 13 CASES:
- Depending on your circumstances, debts not listed in the schedule of creditors will not be discharged. Accordingly, it is important to list all your creditors.
- Withholding and sales taxes.
- Tax debts in which the tax returns or tax reports were either not filed or were filed late within two (2) years of the bankruptcy filing.
- Tax debts in connection with a debtor’s fraudulent return or willfully attempt to evade taxes.
- A claim based upon money, property, services, or credit obtained by fraud or false pretenses (e.g., a false financial statement used to obtain credit or charges incurred on a credit card when the debtor had no intention to pay for the charge).
- Consumer debts in excess of $600 for luxury goods or services to a single creditor, incurred within ninety (90) days of the case filing.
- Cash advances in excess of $750 under an open end credit plan made within sixty (60) days of the case filing.
- A debt for fraud or defalcation (dishonesty) while acting in a fiduciary (trust) capacity, embezzlement or larceny.
- Educational loans, except in cases of prolonged and severe hardship. Please note, however, that undue hardship is a very difficult standard to meet.
- Any debt for death or personal injury caused by the unlawful operation of a motor vehicle, vessel or aircraft while intoxicated.
- Restitution or criminal fines in connection with a sentence upon conviction of a crime.
- Secured debts paid under the “cure and maintain” method.
- Restitution or damages awarded in a civil action against you as a result of willful, malicious, or deceitful injury to an individual.
