Chapter 7 Bankruptcy won’t Discharge All Debts
When your debt is discharged, the amount of money owed is essentially wiped away, relieving you of your obligation to pay. But when filing for Chapter 7 bankruptcy, it’s important to know that not every type of debt is discharged. Read ahead and find out which obligations Chapter 7 leaves you with, even after declaring bankruptcy.
Student Loans
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Student loans, in general, are very difficult to discharge. In rare instances, particularly those involving a severe hardship condition, those filing for Chapter 7 bankruptcy are exempt from paying student loan debts.
Criminal fines and debts
If you have incurred debt as a result of criminal activity or negligence, such as debts and judgments related to personal injury or the death of others, Chapter 7 will not discharge what you owe.
Taxes
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Most tax debt cannot be discharged in bankruptcy; however, in some instances tax debt can be discharged. Here are some circumstances where tax debt may be absolved:
- Income tax is sometimes eligible for discharge, but never payroll tax or tax fraud penalties.
- You did not willfully evade or defraud the IRS. Using false social security numbers or other fraudulent techniques will incur tax debt that cannot be discharged.
- The debt is old. If the debt is from at least three years before you filed for bankruptcy, you may be able to discharge tax debt.
Fraudulent Debt
If a court has found that you obtained debt fraudulently or illegally, it cannot be discharged. As an example, if you incurred a lot of credit card debt shortly before filing bankruptcy, the court will typically refuse to discharge that debt. Or, if you lied and/or used false information on a loan application to obtain funds, the incurred debt will not be forgiven even if you file for bankruptcy.
Alimony and Child Support Payments
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Payments ordered during divorce court can potentially be renegotiated, but these debts will not be discharged following Chapter 7 bankruptcy.
For more information about discharging debts or for the services of a Las Vegas Chapter 7 bankruptcy lawyer, contact DeLuca and Associates today.
