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What debts are not dischargeable?

Most debts usually listed on the petition are dischargeable, however, there are some exceptions.  Debts listed in 11 U.S.C. § 523 are not dischargeable, including, but not limited to:

  • most taxes
  • debts incurred to pay non-dischargeable taxes
  • domestic support obligations
  • most student loans
  • most fines, penalties, forfeitures or criminal restitution obligations
  • debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel or aircraft while intoxicated
  • debts which were not properly listed by the debtor
  • debts which the bankruptcy court specifically decides are not discharged
  • debts which the debtor has given up the discharge protections by signing a reaffirmation agreement
  • debts owed to certain pension, profit sharing, stock bonus, other retirement plans or to the Thrift Savings Plan for federal employees for certain types of loans from these plans
  • There are exceptions to these general rules, however, and you may want to consult an attorney to determine the exact effect of the discharge in any case.

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