Fremont Bankruptcy: Superdischarge

There are currently about 25 types of debts that cannot be eliminated in Chapter 7 bankruptcy, and 6 types of debts that cannot be eliminated under Chapter 13 (these debts are called “superdischarge”).  Under the “superdischarge” provision debts that can be discharged are: debts incurred on the basis of fraud debts from willful and malicious injury to another or another's property, debts from larceny, breach of trust, or embezzlement, and non-support debts arising out of a marital settlement agreement or divorce decree.

Under the new bankruptcy law currently in effect, individuals can no longer be able to use the “superdischarge” for 5 of the debts that are currently dischargeable under chapter 13. 

You will no longer be able to discharge with a Chapter 13 "superdischarge” the following debts:

1.    Debts Incurred Through Fraud or Misrepresentation. Including credit card debts arising from providing false information on a loan application.
2.    Debts Incurred by Embezzlement or Breach of Fiduciary Duty.
3.    Taxes. Unpaid, but timely, filed taxes can still be "Superdischarge," but would not apply to taxes that should have been withheld, trust fund taxes, unfilled or late-filed tax obligations. Fraudulent tax returns would also be non-dischargeable.
4.    Debts Arising from Death or Personal Injury Caused by Debtor's Willful or Malicious Conduct. However, the "superdischarge" will still include debts for willful and malicious injury to property.
5.    Debts to Creditors who were not notified in time for the Creditor to file a Proof of Claim.

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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