The types of debt below are a non-exhaustive list of debts that can be considered non-dischargeable in your bankruptcy. A few of the debts listed below can be discharged under certain circumstances. You should consult your attorney to see if you have any non-dischargeable debts.
- Some Taxes - As a general rule, taxes under 3 years old, that have not been assessed or have been assessed within the past 240 days, or taxes for which no return has been filed are considered non-dischargeable under 11 U.S.C. 523(a)(1).
- False Pretenses/False Statements - As a general rule money, property, services or an extension, renewal, or refinancing of credit is non-dischargeable under 11 U.S.C. 523(a)(2) if obtained by false pretenses, a false representation, or actual fraud.
- Neither listed nor scheduled - As a general rule debts that are not listed or scheduled will not be discharged in your bankruptcy un 11 U.S.C. 523(a)(3).
- Fraud, Embezzlement, Larceny - As a general rule debts arising from fraud or defalcation while acting in a fiduciary duty, embezzlement, or larceny are non-dischargeable under 11 U.S.C. 523(a)(4).
- Domestic Support Obligations - Child support and Alimony is non-dischargeable under 11 U.S.C. 523(a)(5).
- Willful & Malicious Injury - If you cause damage to a person or property and it is done on purpose as distinguished from accidental the it will generally not be discharged in a bankruptcy under 11 U.S.C. 523(a)(6). (Possibly could be discharged in a Chapter 13).
- Debts for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit will generally not be discharged under 11 U.S.C. 523(a)(7).
- Student loans are not dischargeable absent the showing of an undue hardship under 11 U.S.C. 523(a)(8).
- Debts arising from death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance will not be discharged under 11 U.S.C. 523(a)(9).
- Debts that were or could have been listed by the debtor in a prior case in which the debtor waived discharge or was denied a discharge may not be discharged under 11 U.S.C. 523(a)(10).
- Debts owed to a former spouse arising from a property settlement will not be discharged under 11 U.S.C. 523(a)(15) (Debts of this type may be discharged in a Chapter 13).
At Buckrop & VanDeVelde our attorneys have a combined 37 years of experience! Our office is located in The Law Centre in downtown Rock Island, Illinois, just a short distance from both Iowa and Illinois federal courthouses. Our lawyers and professional staff proudly serve most clients throughout Western Illinois and Eastern Iowa. Call us toll free at 800-627-5704 or contact us by e-mail to arrange a free consultation with an experienced Rock Island bankruptcy attorney today.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
