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What debts are not dischargeable?
Submitted by admin on Sat, 09/10/2011 - 15:10
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.