Fremont Bankruptcy: Non-Dischargeable Debts

Through a chapter 7 bankruptcy, most debts can be eliminated.  But there are a few debts, called “non dischargeable” debts, that cannot be eliminated through bankruptcy.  So even after you file for bankruptcy, you will still have to repay these debts.

Below are the debts that fit into this category:

Student Loans and Educational Based Debt: Unless you can show that they caused you undue hardship, you cannot discharge loans for “educational benefits” through bankruptcy.  This includes loans for tuition, books, room, board, etc. (11 U.S.C. 523(a)(3)).

Child Support and Alimony:  You cannot eliminate child support and alimony through the filing of a bankruptcy. (11 U.S.C. 523 (a)(5) and 523 (a)(18)).
Taxes: Unless they meet all four of the following conditions, taxes will not be discharged by filing a Chapter 7 Bankruptcy.  (1) they must be income taxes (or taxes measured by gross receipts); (2) they must be over three tax years old; (3) they must have been filed on time (before April 15th of that tax year unless an extension was given); and, (4) they must be accurate (that the IRS did not find errors or omissions in the return).

Taxes filed late can also possibly be discharge if the returns were actually filed more than two years before the bankruptcy and all the above points stated above are met. (11 U.S.C. 523 (a)(1)).

Marital/Divorce Debts: Chapter 7 bankruptcy will not discharge any debts incurred through a divorce decree.  Regardless of whether the ex-spouse objects to the bankruptcy or not, any debts awarded through a divorce decree can no longer be included within a bankruptcy.  This is a change from the previous Bankruptcy Code. (11 U.S.C. 523 (a)(15)).

Court Imposed Restitution: Money owed to the court or a victim from a criminal activity cannot be eliminated through a bankruptcy. (11 U.S.C. 523 (a)(7) and 11 U.S.C 3613).

Court Fees: A Chapter 7 Bankruptcy cannot discharge debts owed to the court. (11 U.S.C. 523 (a)(17)).

Fraud/Theft: Any debts incurred through larceny or embezzlement or any other commission of a fraudulent act will not be eliminated if the creditor objects to the dischargeable of the bankruptcy.  (11 U.S.C. 523 (a)(2) and 11 U.S.C 523 (a)(4)).

Intentional Torts: Debts arising from intentional acts, such as battery and assault, to injure a person or their property are not dischargeable. (11 U.S.C. 523 (a)(6)).

Debts Not Previously Discharged in other Bankruptcies: Debts that were included in a previous bankruptcy that was dismissed due to fraud. (11 U.S.C. 523 (a)(10)).

For consultation and to get you started on the road to a fresh start, call Sagaria Law to schedule an appointment in Fremont.

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