What debts are not discharged after bankruptcy?

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Question:

What debts are not discharged after bankruptcy?

Answer:

There are some debts that are not dischargeable in a bankruptcy.  This is a general list of non-dischargeable debts but it is important to note that a bankruptcy judge can discharge even these types of debts under certain unusual conditions is the debtor is able to establish a good cause for a judge to discharge these debts too.

  • Child Support and Alimony Payments
  • Student Loans
  • Intoxicated Driving Debts
  • Restitution or Criminal Fines
  • Secured debts and priority debts
  • Federal, State and local taxes
  • Debts for dues in a condominium association
  • Debts involving fraud, embezzlement, larceny or other breach of trust
  • Divorce decree or settlement debts
  • Debts involving malicious injury or damage to a person or his property

Foreclosure After Bankruptcy

A home loan or mortgage debt is usually a secured debt that is not discharged by a bankruptcy.  If the debtor fails to make his home loan payments the bank or loan company can start foreclosure proceedings and this would be true whether or not the debtor has declared bankruptcy.  Avoiding foreclosure after bankruptcy proceedings continues to depend on making every monthly payment required on time.  The bank is not allowed to try to foreclose on the mortgage loan simply for the reason that the mortgagee has filed for personal bankruptcy. 

Getting Legal Help

If you or a member of your family has been forced to declare bankruptcy and continues to wonder exactly what debt would not be eligible discharge pursuant to the bankruptcy it would be very important to discuss the bankruptcy filing with a bankruptcy attorney in order to access experienced guidance concerning your bankruptcy debt discharge proceeding.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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