Roseville Bankruptcy: Non-Dischargeable Debts in Bankruptcy

Though most debts can be discharged in Chapter 7, some debts are designated by law as “non-dischargeable.”  These are debts you must pay regardless of bankruptcy filing.  The following are common non-dischargeable debts:

Student Loans and Educational Based Loans- Loans that are for educational benefit are non-dischargeable absent showing of an undue hardship.

Child Support and Alimony- Neither child support nor alimony can be discharged in bankruptcy.

Taxes- Taxes cannot be discharged in a Chapter 7 bankruptcy except if certain conditions are met: 1)  The taxes must be either income taxes or taxes on gross receipts; 2) The tax must be at least 3 years old; 3) The taxes must have been filed on time; 4) The filing must have been accurate and the IRS mustn’t have found any errors or omissions.  All four conditions must be met to discharge these debts.  Note that taxes that are filed late may be discharged, but the exception requires that two years have passed from an accurate filing. 

Marital and Divorce Debts- If a debt was assigned to you in a Marital Separation Agreement or Divorce Decree, that debt is not dischargeable, regardless of the former spouses consent.  This rule reflects recent changes in the law.
Court Imposed Restitution- Restitution to victims or to the court because of criminal activity cannot be discharged.

Court Fees- Debt owed to the court is non-dischargeable.
Fraud and Theft- Debts incurred during the commission of fraud cannot be discharged if the creditor objects.  Likewise for debts from larceny or embezzlement.
Intentional torts- Debts from intentional acts which injure a person or property are not dischargeable, including assault and battery.

Debts Not Previously Discharged in Other Bankruptcies- Debts which were not included in a previous bankruptcy because it was dismissed due to fraud cannot be discharged.

To learn more about your options, call one of Sagaria Law’s Roseville attorneys to schedule your consultation.

Attorney Consultation!! $99 Retainer Fee!! Free Bankruptcy Evaluation
Motivation Bills Assets Budget
The law varies from state-to-state — please provide your zip code!

Why are you considering bankruptcy? (select all that apply)

Motivation Bills Assets Budget

What bills do you have? (select all that apply)

Motivation Bills Assets Budget
Do you own real estate ?
If Yes , are you behind in these payments?

Do you own an automobile ?
If Yes , are you behind in these payments?

Do you have any additional assets worth more than $1000.00?
Motivation Bills Assets Budget

What types of income do you have? (select all that apply)

Contact Info Your Evaluation

Call For A Consultation

toll free: 1-866-447-8460