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What debts will be Discharged in Bankruptcy

What debts will be Discharged in Bankruptcy

Most of your debts are dischargeable in a chapter 7 bankruptcy. That means after you received a formal discharge from the bankruptcy court you no longer owe anything on all debts that were discharged in the bankruptcy proceeding. However there are some debts that cannot be discharged in a bankruptcy. To understand whether filing bankruptcy is a good option and to know what chapter of the bankruptcy code (7 or 13) will bring you greater relief you need to understand the different types of debts.

There are several different types of debts which determine their dischargeablility.

  1. Debts that are never dischargeable
  2. Debts that are always dischargeable
  3. Debts that are dischargeable unless the creditor objects
  4. Debts that are dischargeable under certain circumstances

Debts that are never dischargeable

  • Fines, Restitution and Penalties
  • Domestic Support Obligations
  • Some Tax Debt
  • DUI Debt
  • 401(k) Loan Debt
  • Certain HOA dues
  • Debts from Previous Bankruptcy

Debts that are always dischargeable

  • Medical Bills
  • Credit Card Debt
  • Judgment Debt
  • Contract Debt
  • Loan Debt

Debts that are dischargeable unless the creditor objects

  • Willful and Malicious Conduct
  • Breach of Fiduciary Duty
  • Non-listed creditors
  • Fraud

Debts dischargeable under certain circumstances

  • Student Loans
  • Income Taxes

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