Roseville Bankruptcy: Superdischarge

Contrary to popular opinion, not all debts can be discharged.  In Chapter 7 there are 25 types of debt which are not discharged in Chapter 7 as well as six that can’t be discharged under Chapter 13.  Debts that cannot be discharged in other ways may still be discharged using “superdischarge.”  Superdischarge allows you to discharge debts incurred from  fraud, from willful and malicious injury to person or property, from larceny, from embezzlement, or from non-support payments from a Marital Settlement Agreement or Divorce Decree.

Changes in the law have limited superdischarge in five cases where it currently is allowed.  The following is a brief list of those debts which can no longer be "super discharged:"

1.  Debts from Fraud or Misrepresentation:  Note this change affects many people since it includes inaccuracies made on a loan application to credit cards, for example.
2.  Debts From Embezzlement or Breach of Fiduciary Duty.
3.  Taxes:  Superdischarge still applies in some cases for tax debt, but only when certain conditions apply.  For example timely filed taxes which haven’t been paid can still be discharged but not taxes which should have been withheld but weren’t, trust fund taxes, un-filed or late-filed taxes, and fraudulent tax returns are all non-dischargeable under new rules.
4.  Debts Arising from Death or Personal Injury Caused by Debtor’s Willful or Malicious Conduct:  Note, superdischarge does still apply to debts from 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.

Superdischarge is a complex area of bankruptcy law; call a Sagaria Law Roseville attorney now to educate yourself on these important options.

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