Chapter 7 Bankruptcy * Bankruptcy * Non-dischargeable Debt * Bankruptcy * Dischargeable Debt * Chapter 7 * What Can I Include

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Chapter 7 Bankruptcy - Which Debts Can I Include?

Last Updated: March 8, 2011

Dischargeable Debts

The main focus of bankruptcy relief is discharge from your debts. Discharge means that your personal liability for a debt ends, and creditors can't make any further collection efforts. However, not all debts are eligible for discharge, or are "dischargeable." You take control of your bankruptcy and financial fresh start when you know what the scope of discharge is and what it means in your case. In a Chapter 7 Bankruptcy case, the following types of debts are dischargeable:

  • Business Debt
  • Judgments
  • Credit Card Debt
  • Mortgages (but you will lose your home)
  • Auto Loans or Leases (but you will lose your car)
  • Apartment/Home Leases
  • Collections
  • Medical Debt

Non-Dischargeable Debts

Certain types of debts cannot be discharged in a bankruptcy. These debts are called non-dischargeable and apply in every case. However, certain debts that are normally dischargeable may be ruled as non-dischargeable if a debtor has committed a crime or fraud.

Non-dischargeable debts in a bankruptcy:Circumstances in Which Normally Dischargeable Debts May Become Non-dischargeable.
  • back child support and alimony obligations, and debts considered in the nature of support
  • student loans, unless repayment would cause you undue hardship
  • income taxes less than three years past due, and
  • court judgments for injuries or death to someone arising from your intoxicated driving.
  • debts incurred on the basis of fraud, such as lying on a credit application or writing a bad check
  • debts from willful or malicious injury to another or another's property
  • debts from larceny (theft), breach of trust or embezzlement, or
  • debts arising out of a marital settlement agreement or divorce decree that aren't otherwise automatically non-dischargeable as support or alimony

 

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