Bankruptcy Law Information
What debts are not discharged by bankruptcy?
Not all debts are discharged. In general, liens (such as mortgages and security interests in cars) are non-dischargeable as are some other types of obligations including:
(1) Federal, state and local tax claims (subject to specific time rules)
(2) Customs duties
(3) Spousal support
(4) Child support
(5) Most student loans
(6) Secured debts
(7) Fines and penalties imposed by government agencies
(8) Debts incurred due to false statements made with the intent to deceive
(9) Fraud committed in a fiduciary capacity, such as embezzlement or larceny
(10) Punitive damage claims for "willful and malicious" acts
(11) Debts not listed on the forms and schedules filed with the Court
(12) Drunk driving obligations
A non-dischargeable debt is one that will survive the bankruptcy proceeding. The debtor still has the obligation to pay this debt; the creditor has every right to collect.
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