What is NOT DISCHAREABLE in Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is also called Adjustment of Debt or “Repayment” Bankruptcy.
The purpose of a Chapter 13 Bankruptcy is to eliminate most debts. There are some debts that are not eliminated by the filing of a Chapter 13 Bankruptcy.
However, there are a number of debts that are not dischargeable in a Chapter 13. Those debts are explained in 11 U.S.C. §1328.
Some taxes, including taxes for which you did not file a return, or filed a fraudulent return.
Fraud and fraud while acting as a fiduciary
Debts that are not listed
Domestic Support obligations, including child and spousal support
Death or personal injury while the person who filed for Bankruptcy was operating a motor vehicle under the influence of drugs or alcohol.
HOWEVER, you should be aware that because domestic support obligations and some taxes are a special class, called priority debt, while they cannot be discharged, your repayment plan must plan to pay back the entire debt, so it will be paid, even if not discharged.
Some people file for Chapter 13 Bankruptcy just to catch up on the child or spousal support in a court ordered repayment plan.
If we can help you with a Chapter 13 Bankruptcy, please contact us.
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