What Debts Aren't Dischargeable by Bankruptcy?

If you’ve got a great deal of credit card debt, collection agency accounts, medical bills, personal loans and car accident claims, there is a good chance that all of it can be discharged with Chapter 7 bankruptcy. However, not all debt can be wiped out. Before you file, it’s important to be aware of what debts cannot be discharged by bankruptcy.

Debts That Aren’t Usually Discharged

Below is a list of debts that cannot typically be discharged:

  • Debts incurred after you file bankruptcy
  • Secured loans that you have stopped making payments on
  • Spousal support or child payments
  • Income debt taxes that go back three years, as well as other types of tax debt
  • Fines and penalties that resulted from violations of the law, such as speeding tickets and criminal restitution
  • Student loans, unless you are able to successfully prove that repaying them would create undue hardship for you
  • Retirement plan loans
  • Some condominium dues and fees
  • Debts incurred via fraud, larceny, embezzlement, or similar breaches of trust
  • Debts you didn’t list in your asset case
  • Certain property taxes
  • Taxes withheld from employee wages
  • Debts for willful and malicious injury
  • Money owed as a result of wrongful death or personal injury

Under Chapter 13, your debt is reorganized and not discharged. Instead of having your debt disappear, you instead enter into a repayment plan to pay back a portion of your debts, including student loans and other non-dischargeable debt.

Are you facing overwhelming debt? Whether you are considering bankruptcy or other options to settle your debts, our Southern California bankruptcy attorneys at Wadhwani & Shanfeld can help. We understand the strain you face as you seek financial options. Our firm can provide the legal knowledge and guidance you need to start over.

Call (800) 996-9932 or contact us online for a free consultation. We have office locations in Sherman Oaks, Long Beach, Los Angeles, Lancaster, and Ontario.
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