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LegalCornerTM - Chapter 7 - Liquidation Bankruptcy F.A.Q.'s

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Q.In a Chapter 7 bankruptcy, what debts are NOT dischargeable?

A.In most states, the following debts cannot be discharged in a Chapter 7 bankruptcy:

  • State and federal taxes owed;
  • Back child support and alimony, and certain other debts related to a divorce or marital property settlement;
  • Criminal fines or penalties;
  • Student loans that became due within the last 7 years, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents;
  • Monies owed as a result of a judgment or settlement involving: (a) intentional or malicious injury to another person or property; (b) the death or personal injury of another caused by the petitioner’s use of a vehicle while intoxicated; and (c) fraud, embezzlement, or larceny;
  • Debts incurred for luxury goods or services and cash advances made within the 60 day period before the bankruptcy petition was filed; and
  • Debts omitted on the petitioner’s chapter 7 forms, unless the creditor knew of the case in time to file a claim.

For some of the above debts to be non-dischargeable, the creditor must file a claim with the bankruptcy court. If a debt is non-dischargeable, the petitioner will be required to repay the non-discharged debt.




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