What is NOT DISCHARGEABLE in Chapter 7 Bankruptcy

Chapter 7 Bankruptcy is also called Liquidation Bankruptcy.

The purpose of a Chapter 7 Bankruptcy is to eliminate most debts.  There are some debts that are not eliminated by the filing of a Chapter 7 Bankruptcy.

This list comes from the US Code at 11 U.S.C. §523.

Some debts are not dischargeable under any circumstances, and the creditor needs to do nothing. You will still owe the money at the conclusion of the Bankruptcy.

This list includes

Some taxes (income less than 2 years and most other kinds, but taxes over 2 years are dischargeable.

Not listed and scheduled IF there is a distribution to unsecured creditors

Domestic support- this includes child support and spousal support.

Fines and penalties for the benefit of the government

Most student loans

Death or personal injury caused while the person who filed Bankruptcy was operating a motor vehicle while intoxicated

Federal restitution

Any debt that is incurred after the date of the filing of the Bankruptcy, including Home Owners Association Dues for property that was not already foreclosed.  NOTE- IF THERE IS NO FORECLOSURE SALE YOU OWN THAT HOUSE STILL.  YOU OWE HOA DUES, YOU OWE TAXES AND YOU HAVE LIABILITY IF SOMEONE HURTS THEMSELVES ON IT.  It is our recommendation that you continue to pay Real Estate Taxes, Home Owners Association Fees and Liability Insurance until an eviction lawsuit is filed.

There are some debts that are dischargeable if the creditor does not object, which include

Fraud

Fraud while acting as a fiduciary

Willful and malicious injury to another person, including assault, battery, Malicious prosecution, and many other intentional torts.

If we can help you with a Chapter 7 Bankruptcy, please contact us.

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Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230