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LegalCornerTM - Chapter 7 - Liquidation Bankruptcy F.A.Q.'s

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Q.In a Chapter 7 bankruptcy, what debts are NOT dischargeable?

A.In most states, the following debts cannot be discharged in a Chapter 7 bankruptcy:

  • State and federal taxes owed;
  • Back child support and alimony, and certain other debts related to a divorce or marital property settlement;
  • Criminal fines or penalties;
  • Student loans that became due within the last 7 years, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents;
  • Monies owed as a result of a judgment or settlement involving: (a) intentional or malicious injury to another person or property; (b) the death or personal injury of another caused by the petitionerís use of a vehicle while intoxicated; and (c) fraud, embezzlement, or larceny;
  • Debts incurred for luxury goods or services and cash advances made within the 60 day period before the bankruptcy petition was filed; and
  • Debts omitted on the petitionerís chapter 7 forms, unless the creditor knew of the case in time to file a claim.

For some of the above debts to be non-dischargeable, the creditor must file a claim with the bankruptcy court. If a debt is non-dischargeable, the petitioner will be required to repay the non-discharged debt.

© Copyright 1999-2019 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.