Q
What types of debts are not dischargeable in chapter 13 cases?
A
A full chapter 13 discharge granted upon the completion of all payments required in the plan discharges a debtor from all debts except:
- debts that were paid outside of the plan and not covered in the plan;
- debts for domestic support obligations, which includes child support and alimony;
- debts for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated;
- most tax debts;
- debts for restitution or criminal fines included in a sentence imposed on the debtor for conviction of a crime;
- debts for fraud, embezzlement or larceny
- debts for student loans or educational obligations unless a court rules that not discharging the debt would impose an undue hardship on the debtor and his or her dependents,
- debts for damages caused by willful or malicious conduct by the debtor;
- installment debts whose last payment is due after the completion of the plan,
- debts incurred while the plan was in effect that were not paid under the plan, and
- debts owed to creditors who did not receive notice of the chapter 13 case.
A partial chapter 13 discharge granted when a debtor is unable to complete the payments under a plan due to circumstances for which the debtor should not be held accountable, discharges the debtor from all debts except:
- secured debts (i.e., debts secured by mortgages or liens),
- debts that were paid outside of the plan and not covered in the plan,
- installment debts whose last payment is due after the completion of the plan,
- debts incurred while the plan was in effect that were not paid under the plan,
- debts owed to creditors who did not receive notice of the chapter 13 case, and
- debts that are not dischargeable under Chapter 7.
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