Q
What types of debts are not dischargeable in a chapter 7 case?




A

All debts of any type or amount, including out-of-state debts, are dischargeable in a chapter 7 case except for the types of debts that are by law nondischargeable in a chapter 7 case. The following is a list of the most common types of debts that are not dischargeable in a chapter 7 case:

  • Most tax debts and debts that were incurred to pay nondischargeable federal tax debts.
  • Debts for obtaining money, property, services, or credit by means of false pretenses, fraud, or a false financial statement, if the creditor files a complaint in the bankruptcy case.
  • Debts not listed on the debtor’s chapter 7 forms, unless the creditor knew of the bankruptcy case in time to file a claim.
  • Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the bankruptcy case.
  • Debts for domestic support obligations, which include debts for alimony, maintenance, or support, and certain other divorce-related debts, including property settlement debts.
  • Debts for intentional or malicious injury to the person or property of another, if the creditor files a complaint in the bankruptcy case.
  • Debts for certain fines or penalties.
  • Debts for most educational benefits and student loans, unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents.
  • Debts for personal injury or death caused by the debtor’s operation of a motor vehicle, vessel or aircraft while intoxicated.
  • Debts that were or could have been listed in a previous bankruptcy case of the debtor in which the debtor did not receive a discharge.


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