{"id":394,"date":"2011-12-29T00:54:01","date_gmt":"2011-12-29T00:54:01","guid":{"rendered":"http:\/\/www.westcoastbk.com\/blog\/?p=394"},"modified":"2012-09-12T06:33:11","modified_gmt":"2012-09-12T06:33:11","slug":"what-debts-cannot-be-discharged-in-bankruptcy","status":"publish","type":"post","link":"https:\/\/www.westcoastbk.com\/blog\/2011\/12\/what-debts-cannot-be-discharged-in-bankruptcy\/","title":{"rendered":"What Debts Cannot Be Discharged In Bankruptcy?"},"content":{"rendered":"

By Ryan C. Wood<\/a><\/p>\n

The good news is that most debts are usually dischargeable.\u00a0 A discharge eliminates the legal obligation to pay the debt that was discharged and prohibits any and all collection actions to attempt to collect the discharged debt.\u00a0 The following is a partial list of the common types of debts that are not dischargeable.\u00a0 This article does not provide information about the differences between a Chapter 7 discharge or Chapter 13 discharge.\u00a0 Determining which debts cannot be discharged can be complicated.\u00a0 Please seek counsel regarding your specific circumstances.<\/p>\n

Income Taxes<\/span><\/strong><\/p>\n

Taxes owed to the Internal Revenue Service and in California, the Franchise Tax Board, are generally not discharged in bankruptcy unless the taxes meet the following requirements.\u00a0 The income taxes could be discharged if they are three years old, filed on time, accessed 240 days prior to the case being filed , no fraud or willful evasion and returns were filed at least two years prior to the case being filed.<\/p>\n

Student Loans<\/span><\/strong><\/p>\n

The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act eliminated the discharge of all private and government backed student loans.\u00a0 Any debt incurred for an educational benefit overpayment, obligation to repay funds received as an educational benefit and debts for any other education loan that is a qualified education loan under the U.S. Bankruptcy Code.\u00a0 Under certain circumstances student loans could be discharged by filing an adversary proceeding.<\/p>\n

Domestic Support Obligations<\/span><\/strong><\/p>\n

If you are behind on your child support or spousal support payments as ordered by the state court the missed payments are not dischargeable.<\/p>\n

Debts Incurred to Pay Nondischargeable Taxes<\/span><\/strong><\/p>\n

As part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act any debt incurred to pay a nondischargeable tax debt is not discharged.<\/p>\n

Damages Caused While Intoxicated<\/span><\/strong><\/p>\n

If you caused a car accident and you were intoxicated at the time, any damages or claims resulting from bodily injury of the victims are not dischargeable.\u00a0 Debts resulting from damage to property caused while you are intoxicated could be discharged.\u00a0 Any debt for death or personal injury that you caused while intoxicated while operating a motor vehicle, vessel or aircraft are not dischargeable. <\/span><\/strong><\/p>\n

Any Money, Property, Services, Credit or Renewal of Credit Obtained by Fraud<\/span><\/strong><\/p>\n

If you received money, property, services, credit, renewal of credit or refinancing of credit because you made a false pretense, false representation or actual fraud, the resulting debt of the fraud is not dischargeable.<\/p>\n

Purchase of Luxury Items Within 90 Days of Filing Bankruptcy<\/span><\/strong><\/p>\n

If you owe $500 or more to a single creditor for the purchase of $500 or more of what is considered luxury goods or services within 90 days before the bankruptcy case was filed the debt is not dischargeable.<\/p>\n

Certain Cash Advances<\/span><\/strong><\/p>\n

Cash advances that total more than $750 obtained within 70 days before the bankruptcy case was filed are not dischargeable.<\/p>\n

Post-Petition HOA Dues<\/span><\/strong><\/p>\n

If you own a home in an association and are behind on the monthly dues prior to the bankruptcy case being filed, all of the missed payments before the case is filed are dischargeable.\u00a0 Once the case is filed the dues that come due each month are not dischargeable.\u00a0 If you plan on surrendering your home and are not making the normal mortgage payment you will still be responsible for the post-petition HOA dues as long as the house is still in your name.<\/p>\n

For more information about which debts are dischargeable, contact our bankruptcy lawyers<\/a> in the Bay Area or our bankruptcy lawyers in San Francisco<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

The good news is that most debts are dischargeable. A discharge in a Chapter 7 or Chapter 13 eliminates the legal obligation to pay the debt that was discharged and prohibits any and all collection actions to attempt to collect the discharged debt. So, what debts cannot be discharged in bankruptcy? The following is a list of the most common types of debts that are not dischargeable.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[40],"tags":[],"_links":{"self":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/394"}],"collection":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/comments?post=394"}],"version-history":[{"count":6,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/394\/revisions"}],"predecessor-version":[{"id":712,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/posts\/394\/revisions\/712"}],"wp:attachment":[{"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/media?parent=394"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/categories?post=394"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.westcoastbk.com\/blog\/wp-json\/wp\/v2\/tags?post=394"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}