Non-Dischargeable Debt Isn't Common
The average person has very few debts that are not dischargeable. The full list of non-dischargeable debts are listed in 11 U.S. Code § 523. Below is a list of the most common types:
Common debts that are not dischargeable
- Government insured student loans. The private student loans made to non-qualified schools for "educational benefits", not direct tuition, or sometimes dischargeable.
- Domestic support obligations.
- Property settlements in divorce are not dischargeable in chapter 7 but may be in chapter 13
- Fraud, breach of fiduciary duty, and willful and intentional injury, as defined under 11 U.S.C. 523 2-4-6.
- DUI/DWI damage to property is dischargeable, but personal injuries from that aren’t.
- Taxes from unfiled returns are never dischargeable. Taxes if you file the return, and it’s truthful, and you just didn’t pay the taxes can be discharged if filed on time, and you wait three years after April 15 after the tax year the taxes were due for. If you file them late, it’s basically two years +270 days.
- Criminal fines and restitution.
- Loans owed to pension plans.
- Condo assessments if you stay in the unit after date of filing.
- Debts you make after date of filing.
An Experienced Bankruptcy Lawyer Can Advise You
At Geraci law, we always look at your debts and see if we think something is going to be a problem, because you want to know as much as you can before you even hire us or pay us a nickel, if we are going to be able to file a plan that will discharge your debts.
That’s only fair isn’t it? We’re usually pretty good at predicting the future in bankruptcy