What Debts Cannot Be Discharged By Bankruptcy?

Sep 11, 2020

Introduction

Welcome to SEO Company Kansas City's comprehensive guide on the debts that cannot be discharged by bankruptcy. When considering bankruptcy as a solution for managing overwhelming debts, it is crucial to understand which types of debts cannot be eliminated through the bankruptcy process. In this article, we will shed light on various debt categories that are not eligible for discharge, ensuring you make informed decisions regarding your financial situation.

Non-Dischargeable Debts

Bankruptcy laws exist to provide individuals and businesses with a fresh start by discharging certain types of debts. However, not all debts can be wiped away through bankruptcy proceedings. Below, we outline some common categories of non-dischargeable debts:

1. Student Loans

One of the most widely known non-dischargeable debts are student loans. Regardless of the type of bankruptcy filed, federal and private student loans typically cannot be discharged unless the debtor can demonstrate undue hardship through a separate legal proceeding.

2. Tax Liabilities

Another significant category of non-dischargeable debts includes tax liabilities. Debts owed to the Internal Revenue Service (IRS) or state tax authorities are generally exempt from discharge. However, under certain circumstances, such as meeting specific requirements, some tax debts might be eligible for discharge.

3. Child Support and Alimony

Debts related to child support and alimony payments are also non-dischargeable. Bankruptcy does not absolve individuals from their legal responsibilities to provide financial support for their dependents.

4. Debts Incurred Through Fraud or Misrepresentation

Debts that resulted from fraud, embezzlement, false pretenses, or other acts of dishonesty cannot be discharged. If the creditor can prove that the debt was incurred through fraudulent means, it is likely to remain non-dischargeable.

5. Court-Ordered Restitution

Court-ordered restitution, fines, or penalties imposed as a result of criminal activity are generally non-dischargeable. Bankruptcy does not release individuals from their responsibility to fulfill court-mandated financial obligations.

6. Debts Resulting from Intentional Injury or Death

If you owe debts resulting from intentional injury or death caused by your misconduct, bankruptcy will not eliminate your liability. These debts are considered non-dischargeable due to the underlying circumstances leading to their creation.

7. Certain Types of Government Fines and Debts

Various government fines, such as traffic tickets, criminal restitution, or other penalties, may be non-dischargeable, depending on the specific regulations and governing laws.

Conclusion

Understanding which debts cannot be discharged by bankruptcy is vital when considering this debt relief option. While bankruptcy can provide significant relief for many types of debts, certain obligations are exempt from discharge. Consulting with a knowledgeable bankruptcy attorney can help you navigate the complexities of bankruptcy laws and identify the most suitable approach for your specific situation.

If you have questions or need assistance with bankruptcy-related matters, feel free to contact SEO Company Kansas City. Our experienced team is dedicated to providing expert guidance and helping individuals and businesses regain control of their finances.

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