• James D. Lynch

Nondischargeable Debts

Not all debts can be erased in a Chapter 7 bankruptcy. Certain debts are nondischargeable. A nondischargeable debt is one that the debtor remains responsible for paying after the bankruptcy proceeding. Such debts include:

● student loans. ● most federal, state, and local taxes. ● domestic support obligations (child support and alimony). ● debts arising from the debtor’s fraud, embezzlement, larceny, or breach of fiduciary duty. ● debts to government agencies for fines and penalties. ● court ordered fines and penalties. ● debt arising from intentionally injuring someone or someone’s property (including punitive damage awards). ● debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated. ● luxury goods purchased within 90 days of filing bankruptcy. ● cash advances of more than $1000 within 70 days of filing bankruptcy. ● debts owed to certain tax-advantaged retirement plans. ● debts or creditors that the debtor fails to list on the bankruptcy petition.