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Although many debts are dischargeable when a person files bankruptcy, the U.S. Bankruptcy Code lists many debts that remain nondischargeable debts. These debts either come from improper behavior of some type or are nondischargeable because of the nature of the debt.
In very rare cases, these debts may be dischargeable. However in most cases, a debtor cannot prove extraordinary circumstances sufficient enough to override the policy.
Any debts for spousal or child support, alimony or attorney fees connected with child custody and child support cases are nondischargeable. In addition, debts owed to a former spouse due to a divorce or separation are nondischargeable.
Another common nondischargeable debt is student loan debt. In Chapter 7 bankruptcy, a debtor must prove undue hardship. In Chapter 13 bankruptcy, the loans may be reduced or delayed, but they are rarely discharged.
Any type of debts owed from any personal injury case where you were liable may not be discharged. These often are debts associated with car accidents caused when a driver was under the influence or drugs or alcohol.
Many taxes you owe are nondischargeable as well. You may qualify to discharge a debt if six conditions are met, including it being an income tax debt and passing the “240-day rule” meaning the IRS must have assessed the income tax debt at least 240 days before you file for bankruptcy. However, you may not discharge a federal lien.
In addition, you may not discharge debts you fail to include on the bankruptcy petition or include on the mailing list.
Furthermore, you may not include any debts stemming from court fines, including those from criminal restitution.
Do not lose hope! Even though many debts may fall under a nondischargeable category, bankruptcy may still be able to help you. Westbrook Law Group, LLC will assist you! Let us evaluate your situation to determine what the best course of action will be.
If you choose bankruptcy, make sure to work with experienced and attentive attorneys who will fight for you. Call today for your free, initial consultation.