bruce magness attorney at law 

What Debts Will Bankruptcy Not Discharge?

            Bankruptcy will not normally wipe out:

(1)   money owed for alimony, maintenance, or support, with certain very limited exceptions;

(2)   debts not listed on your bankruptcy petition, unless the creditor knew of the case in time for file a claim;

(3)   if the creditor files a complaint, and if the court so rules, debts for obtaining money, property, services, or credit by means of false pretenses, such as by knowingly giving false information to a creditor who reasonably relied upon it in making you the loan (included here are certain debts for luxury goods or services and for certain cash advances made within 60 days before the case is filed);

(4)   if the creditor files a complaint and the court so rules, debts resulting from “intentional or malicious” injury to the person or property of another;

(5)   student loans owed to a school or government body, except if the court decides that payment would be an undue hardship;

(6)   mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money on the mortgage or lien if the property is sold by the creditor).

(7)   If the creditor files a complaint and if the court so rules, debts for embezzlement, or larceny;

(8)   Most taxes (see following section entitled “What Taxes Will Bankruptcy Discharge?”);

(9)   Debtors for certain fines or penalties;

(10)           Debts arising from any act of fraud while acting in a fiduciary capacity committed with respect to depository institutions or credit unions;

(11)           Debts for malicious or reckless failure to fulfill any commitment by the debtor to a federal depository institution’s regulatory agency to maintain capital of an insured depository institution;

(12)           Debts for any payment of an order for restitution issued under the United States Code;

(13)           Debts incurred to pay a tax that would be non-dischargeable pursuant to the Bankruptcy Code;

(14)           Debts arising from a judgment or court decree entered against you for damages resulting from the operation of a motor vehicle while legally intoxicated;

(15)           Debts that were or could have been listed in a previous bankruptcy case of yours in which you were denied a discharge;

(16)           Any other additional debts falling under the descriptions contained in 11 USC 523(a)(15)-(a)(18).

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