What debts are not dischargeable under chapter 7?

March 28, 2008

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All debts of any kind or amount, including out-of-state debts, are dischargeable under chapter 7 except the debts listed below. The following is a list of the most common debts that are not dischargeable under chapter 7:

(1) Most tax debts and debts that were incurred to pay federal tax debts.

(2) 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 case (included here are debts for luxury goods or services and debts for cash advances made within 60 days before the case is filed).

(3) Debts not listed on the debtor’s chapter 7 forms, unless the creditor knew of the case in time to file a claim.

(4) Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the case.

(5) Debts for alimony, maintenance, or support and, if the creditor files a complaint in the case, certain other divorce-related debts including property settlement debts.

(6) Debts for intentional or malicious injury to the person or property of another, if the creditor files a complaint in the lease.

(7) Debts for certain fines or penalties.

(8) Debts for educational benefits and student loans are not dischargable unless a court finds that not discharging the debt would impose an undue hardship on the debtor and his or her dependents.

(9) Debts for personal injury or death caused by the debtor’s operation of a motor vehicle while intoxicated.

(10) 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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