Debts Not Discharged in  a Chapter 7 Bankruptcy:

Taxes.  Taxes will not be discharged if they meet any of the following parameters:

Due within 3 years.  Taxes based on income or gross receipts for which a return (if required) was due within 3 years prior to the filing of the petition.  [§523(a)(1)(A)]  The date due includes any extensions, i.e., if the April 15 due date for income tax is extended to October 15 the later date will be used determining if the 3 year period has been passed.  [§507(a)(8)(A)(i)]  The 3 year period may be extended by any time in a bankruptcy plus an additional 6 months.    [§108(c), 26 USC 6503(h), IRC 6503(h)]

Assessed within 240 days.  Taxes assessed within 240 days prior to the filing of the petition.  [§523(a)(1)(A)]  If an offer in compromise was pending, the 240 days will be extended by the days that it was pending, plus 30 days.  If a stay against collections was in effect under a prior bankruptcy, the 240 days will be extended for the time collection was stayed plus 90 days.  [§507(a)(8)(A)(ii)]
Returns not filed or filed within 2 years.  Taxes for which returns (if required) were not filed or were filed within 2 years of the filing of the petition.  [§727(b),  §523(a)(1)(B)(2)]

Fraudulent returns and evaded taxes.  Taxes with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax.  [§727(b),  §523(a)(1)(B)(3)]

Tax penalties, fines, forfeitures.  Penalties for taxes not discharged (above), tax penalties regarding a transaction within 3 years of filing, and government fines and forfeitures are not discharged.  [§727(b)]  [§523(a)(7)]

Debt incurred to pay taxes not discharged (above).  [§727(b)]  [§523(a)(14), (14A))]

Debt obtained by fraud, false pretenses, or false financial statements.  Money, property, services, or an extension, renewal, or refinancing of credit obtained by (1) false pretenses, a false representation, or actual fraud, OR (2) a materially false written financial statement intended to deceive, on which the creditor relied. [§727(b)]  [§523(a)(2)]

Debt incurred within 90 days before filing.  Consumer debt for luxury goods or services incurred within 90 days before filing of the petition, and totaling more than $550to a single creditor.  [§727(b),  §523(a)(2)(C)(i)(I)]

Cash advances within 70 days before filing.  Cash advances obtained within 70 days before filing of the petition, and which total more than $825from all creditors.  [§727(b),  §523(a)(2)(C)(i)(II)]

Debt not listed.  Debt not listed in time for the creditor to file a claim, or request a determination of discharge, unless the creditor had actual knowledge of the case.  [§727(b)]  [§523(a)(3)]

Fraud, embezzlement, larceny. Debt for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.  [§727(b)]  [§523(a)(4)]

Domestic support obligations.  Includes child support and spousal maintenance.  [§727(b)]  [§523(a)(5)]

For willful and malicious injury.  [§727(b)]  [§523(a)(6)]

Educational loans.  Educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit and other qualified educational loans are not discharged unless such exception from discharge would "impose an undue hardship on the debtor and the debtor's dependents."  [§727(b)]  [§523(a)(8)]  [§523(d)]

For death or personal injury from DUI.  Includes operations of motor vehicle, vessel or aircraft and intoxication from alcohol, drug or other substance.  [§727(b)]  [§523(a)(9)]

Debt from a previous bankruptcy where discharge was denied.  If a debtor was denied a discharge in a previous bankruptcy because the debtor transferred property, concealed records, made false statements, failed to explain losses, or disobeyed court orders, etc., debts which could have been listed in that bankruptcy will not be discharged.  [§727(b)]  [§523(a)(10)]

Settlements, judgments, commitments regarding financial institutions.  Settlements and judgments regarding fraud or defalcation, or malicious or reckless failure to maintain commitments regarding certain financial institutions are not discharged.  [§727(b)]  [§523(a)(11), (12)]

Restitution.  Payments under orders of criminal restitution are not discharged.  [§727(b)]  [§523(a)(13)]

Fines & penalties imposed under Federal election law.  [§727(b)]  [§523(a)(14B)]
Debt from a divorce or separation.  Debt other than support, owed to a spouse, former spouse, or child under a divorce decree, order, or separation agreement is not discharged.  [§727(b)]  [§523(a)(15)]

Note:  A decree or agreement which obligates the debtor to pay all debt could result in no debt being discharged under a bankruptcy.

Homeowners association fees and assessments.  Such fees and assessments arising after the filing of a bankruptcy are not discharged.  [§727(b)]  [§523(a)(16)]

Fees and cost imposed on prisoners by courts for filing cases, motions, complaints, or appeals.  [§727(b)]  [§523(a)(17)]
Loans from pension, profit-sharing, and stock bonus plans.  [§727(b)]  [§523(a)(18)]

Federal and state securities laws violations, settlements, and securities fraud, deceit and manipulation.  [§727(b)]  [§523(a)(19)]

Ê

Apsan Law Offices, LLC. practices in the areas of Immigration, Corporate Immigration, Family Immigration, Naturalization, bankruptcy, chapter 7 bankruptcy, chapter 13 bankruptcy, uncontested divorces, property settlement agreements and accidents throughout New York and New Jersey in communities including Essex County, Union County, Passaic County, Hudson County, Morris County, Bergen County and Somerset County, as well as the cities of Union, Linden, Rahway, Irvington, Hillside, Bloomfield, Harrison, Orange, East Orange, West Orange, Camden, Clifton, Edison, Jersey City, Passaic, Trenton, Union City, Newark, Ironbound, Kearny, South River, Jersey City, Paterson, Passaic, Elizabeth, Edison, Woodbridge, Toms River, Hamilton, Trenton, Camden, Clifton, Passaic, Garfield, Wallington, Cherry Hill, East Orange, Union City, Bayonne, Irvington, Old Bridge, Lakewood, Long Branch, North Bergen, Vineland, Wayne, Parsippany, Troy Hills, New Brunswick, Plainfield, Bloomfield, Perth, Amboy, East Brunswick, North Brunswick, West New York, West Orange Hackensack, Atlantic City, Mount Laurel, Montclair, Hoboken, and Belleville. We also serve individuals and businesses located in New York's Queens, Bronx, Manhattan, Brooklyn, Staten Island, Westchester, Rockland, Nassau and Suffolk Counties on Long Island including the towns of Hempstead, North Hempstead, Oyster Bay, Huntington, Islip, Babylon, Smithtown, Brookhaven, Riverhead and the North Fork and South Fork (Hamptons) of Long Island. We assist people and businesses to file for relief under the Bankruptcy Code. We are a debt relief agency.



This is an advertisement. Certification as an Immigration Specialist is not currently available in New York or New Jersey. Apsan Law Offices, LLC. practices in immigration law, a Federal practice area, and in State laws of New York and New Jersey and we do not claim expertise in the laws of states other than where our attorneys are licensed. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Disclaimer: Apsan Law Offices, LLC.. is a Debt Relief law firm as defined by 11 U.S.C. 528. We help people file for Bankruptcy Relief under the Bankruptcy Code. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only. Site is maintained by Nuvem Technologies, LLC., Inc. All rights reserved.