RESEARCH & LEARN

Are All Debts Discharged in Bankruptcy?


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TERMINOLOGY

A bankruptcy discharge releases a debtor from being personally liable for debts he or she has incurred. The discharge will release the individual from most but not all forms of debt. There are 19 categories of debt that cannot be discharged as part of a bankruptcy filing:

  • federal and/or state taxes and liens
  • any monies owed to federal, state and municipal governments for fines and penalties
  • student loans
  • child support payments or alimony
  • homeowner's association fees or condominium dues
  • monies owed for loans against tax-advantaged retirement plans
  • debts for willful and malicious injuries to property or a person
  • debts for personal injury caused by the debtor’s operation of a car while drunk
  • any debt the debtor failed to include on his or her list as part of the bankruptcy filing
  • debts obtained through fraud or false pretense
  • debts for fraud while you were acting in a fiduciary capacity or for embezzlement or larceny
  • fines and restitution
  • debts for withholding tax, fraudulent tax returns or tax evasion
  • unscheduled debts
  • interest owed on non-dischargeable debt
  • debts not dischargeable under other laws
  • debts incurred after bankruptcy filing that were not included in your plan