Debts that survive bankruptcy – §523, 727, etc On June 8, 2010, In Uncategorized, By admin
Some of the most important types of of nondischargeable debt under 11 U.S.C. §523(a): -most tax debts are not dischargeable (there are six conditions that have to exist before a tax debt is dischargeable) -domestic support obligations are also nondischargeable -Student loan debt is also nondischargeable -debts incurred through the debtor’s fraud (or fraudulent statements) are nondischargeable -debts resulting from a breach of fiduciary duty or for embezzlement or larceny, §523(a)(4) -a debtor’s willful and malicious “injury” will also not be dischargeable, §523(a)(6) -debts to governmental units for fines and penalties -debts for willful and malicious injuries to person or property (including personal injury caused by the debtor’s operation of a motor vehicle while intoxicated)
Some debts are only discharged in chapter 13: -marital debts created in a divorce or settlement agreement -debts incurred to pay a nondischargeable tax debt -court fees -condo, coop, and homeowner’s association fees incurred after the bankruptcy filing -debts for loans from a retirement plan
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