Search articles:
Schedule an appointment

Debts Not Discharged in  a Chapter 7 Bankruptcy:

 

 

student loans not discharged in bankruptcyTaxes.  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)]


Articles related to this topic

  • What is Bankruptcy All About?
  • Things Everyone Should Think About Before Filing Bankruptcy
  • An Overview of Chapter 7 Bankruptcy for New York and New Jersey
  • New Jersey Chapter 13 Bankrutpcy
  • New York Chapter 13 Bankrutpcy
  • Before You File for Personal Bankruptcy: Information About the Required Credit Counseling and Debtor Education
  • List of Approved Bankruptcy Credit Counseling Agencies
  • List of Approved Bankruptcy Providers of Personal Financial Management Instructional Courses
  • National Standards for bankrutpcy: Food, Clothing and Other Items
  • What are Unsecured Debts in Bankruptcy?
  • What are Unsecured Debts in Bankruptcy?
  • How to Access Your Chapter 13 Case Information on the Internet
  • FAQ - How to Access your Chapter 13 information on the Intenet
  • Debts Not Discharged in Chapter 7 Bankruptcy
  • When a Discharge is not granted in Chapter 13 Bankruptcy
  • FAQ- The Discharge in Bankruptcy
  • How You Receive Protection From Creditors in a Bankruptcy Case
  • HOW THE AUTOMATIC STAY IN A BANKRUPTCY CASE WILL PROTECT YOU AND YOUR CO-DEBTORS
  • New Jersey Federal Bankruptcy Exemptions
  • New York Bankruptcy Exemptions- Two Choices Available for New Yorkers
  • Understanding the Means Test and Median Income Level Under New Bankruptcy Laws for Chapter 7 and Xhapter 13
  • Mortgage Forgiveness Debt Relief Act stope Home Loan Foreclosure Tax Nightmare uisng IRS Form 982
  • Bankruptcy Terminology Explained
  • How to Get Credit after filing bankruptcy. Rebuilding and keeping credit forever.
  • How to Repair Your Credit After Bankruptcy
  • Credit Card Calculator - See how much you are really spending for the credit you use.

  • Videos related
    Author
    Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant (temporary visas), immigrant visa (Green Card) and deportation defense. In addition Mr. Apsan, has been practicing Bankruptcy law and Divorce laws for over 30 years, He was the President of the Federal Bar Association, New Jersey Chapter (1997-2002). He speaks Portuguese and Spanish..
    Click-to-Call us

    Use our automated
    Click-to-call to contact Apsan Law Offices, LLC. or
    call directly at
    1(877) 873-8510

    Click to call immigration lawyers


    nj immigration lawyers
    Free Consultation