What Types of Debt Can't be Discharged in Bankruptcy?

What Types of Debt Can't be Discharged in Bankruptcy?

Posted By Owenby Law, P.A. || 1-Sep-2017

Although filing for bankruptcy can clean your debt slate, some types of debt can’t be discharged in bankruptcy. In fact, the Bankruptcy Code lists 19 categories of non-dischargeable debt. Courts can also deny your bankruptcy discharge if you fail to follow certain rules and procedures. Below, we explain some of the types of debt that cannot be discharged in bankruptcy.

Debts That Can’t Be Discharged

After your case is over, you will still owe the following debts:

  • Child Support & Alimony
  • Fines & Penalties
  • Certain Tax Debt
  • DUI Related Debt

Under a Chapter 7 bankruptcy, you will still be responsible for condo, coop, and HOA fees, as well as debts for any retirement loans.

Exceptions

Some debts can be discharged by a court ruling. However, you will need to successfully convince the court that this debt should be discharged. Debts that can be exempted by the court include:

  • Student Loans
  • Income Tax Debt

Discharged Debt That Can Be Objected to by Creditors

In some cases, debt that has already been discharged can be collected if a creditor can convince the court otherwise. Debt that can be objected to by creditors includes:

  • Debt related to fraud. This includes debts for luxuries costing more than $675 and cash advances that are for more than $950.
  • Debt related to willful malicious acts.
  • Debt from embezzlement, larceny, or breach of fiduciary duty.
  • Debt or creditors you failed to list on your bankruptcy documents.

If you have debts that you need discharged, you should immediately consult with an experienced attorney. A skilled bankruptcy lawyer can review your case and determine a legal strategy that fits your specific situation. At Owenby Law, P.A., our goal is to provide thorough, knowledgeable, and compassionate legal representation for all of our clients.

Contact our Jacksonville bankruptcy lawyers to find out what our legal team can do for you.

Categories: Bankruptcy
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