What Are Nondischargeable Debts?

  • What Are Nondischargeable Debts?

What Are Nondischargeable Debts?

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If you have been struggling with huge debts, especially medical bills, credit card balance, or personal loans, filing for bankruptcy is excellent. However, bankruptcy cannot help you get rid of all your debts. Some debts survive bankruptcy and are therefore known as nondischargeable debts. Here is a list of debts that will not be discharged even after bankruptcy:

  • Debts incurred after bankruptcy filing – Any debt you incur after filing your bankruptcy petition while your bankruptcy case is pending cannot be discharged. You continue to remain liable for them, even after your bankruptcy discharge.
  • Secured loans – A car loan or a house mortgage is secured by collateral and are therefore known as secured loans. Although you can keep them in bankruptcy, you need to pay for them. These loans are nondischargeable unless you choose to hand over the property.
  • Unsecured priority debts – Most unsecured debt is wiped out in bankruptcy, except priority debts. Though these debts are unsecured, too, they are paid before other unsecured creditors. these debts include –
    • Domestic support obligations – Child support or alimony payments are not discharged in bankruptcy. You are required to pay the amount essential for the basic living requirements of your ex-spouse and child. However, any money owed due to marital property division is different from spousal support and is dischargeable in some states.
    • Income taxes – Taxes owed to the IRS due to unpaid income tax cannot usually be discharged in bankruptcy cases.
    • Other government debts – Fines and penalties owed to the government are also not discharged on a bankruptcy filing.
    • Student loans – Despite not being priority debts, they cannot be discharged on filing for bankruptcy unless you can prove undue hardship.
  • Debts incurred due to false representation, fraud, or false pretense – Any debt earned due to fraudulent means can be discharged unless the creditor files a lawsuit (adversary proceedings) against you for this.
  • Debts not listed in the asset case – While filing for bankruptcy, you are required to list all your debts. If the debt involves any asset (and the creditors could be paid for it) and you fail to list it, the debt becomes non-dischargeable.
  • Other non-dischargeable debts – These include loans owed to retirement or pension funds, some property taxes, condominium dues and fees, taxes withheld from employee wages, debts incurred for willful and malicious injuries, debts that were previously deemed nondischargeable in bankruptcy, debts owed due to securities laws and regulations violation, money owed due to wrongful death, etc.

Filing for bankruptcy can help you manage your finances better as it can help you get a discharge on several debts. An experienced bankruptcy lawyer can tell you which bankruptcy chapter will better suit your circumstances. To know more about bankruptcy discharge in Los Angeles, call 888-297-6203.