Bankruptcy In Brief

Bankruptcy information you can use

  • Home
  • Meet Cathy
  • Bankruptcy Basics
  • Should You File for Bankruptcy
  • Choosing a Lawyer
  • Life After Bankruptcy
  • Contents

What Debts Don’t Get Discharged

Bankruptcy law starts with the idea that all debts can be wiped out in bankruptcy, and then lists the exceptions to discharge.

Nineteen  kinds of debts  survive a bankruptcy case.  They’re listed in §523.

The most commonly encoballnpinuntered nondischargeable debts are

  • recent taxes,
  • family support,
  • student loans,
  • drunk driving judgments and
  • HOA dues that come due after filing.

If you are a creditor with a claim in one of those categories, you don’t have to do anything to assure the survival of your claim.

The automatic stay still applies to creditors who hold nondischargeable claims, until the discharge of other debts is entered and the case is closed.

Non dischargeable if….

Three kinds of debts might be non dischargeable if the creditor files a timely challenge to the discharge of the debt.

The creditor must thereafter prove the debtor’s bad acts that make the claim non dischargeable:

  • debts incurred by fraud, misrepresentation or false pretenses
  • debts for breach of fiduciary duty, embezzlement, or larceny
  • debts for a willful and malicious injury to person or property.

Creditors whose claim falls in one of these categories have to file an adversary proceeding in the bankruptcy case, typically within 60 days of the first meeting of creditors.

Read more about whether to oppose the discharge of your claim that falls in this category.

A challenge to the dischargeability of one debt doesn’t prevent the debtor from getting a discharge as to the balance of his debts.

Also, a discharge eliminates the personal liability of the debtor but does not alter the validity of any liens on the debtor’s property.  Liens can only be changed or voided by an order of the bankruptcy court.

Read more

Tax debt in bankruptcy

Support claims in bankruptcy

Stripping liens on your home

Avoiding liens that impair exemptions

 FAQ for creditors

Chapter 13 discharge

Image courtesy of OpenClipArt

Bankruptcy Topics

Bankruptcy Basics

Should You File For Bankruptcy?

Impact of Filing Bankruptcy

Business Issues in Bankruptcy

Your Home and Bankruptcy

Life After Bankruptcy

You're Named in Bankruptcy

RSS From the Soapbox

  • California drivers score huge bankruptcy win
  • Is There Life After Bankruptcy?
  • What’s Your Retirement Theme Song?
  • Pay No Tax On Debt Discharged In Bankruptcy
  • Find The Hidden Mortgage Interest Tax Deduction In Bankruptcy

Contact Info

Moran Law Group
643 Bair Island Road
Suite 403
Redwood City, CA 94063

Phone 650.694.4700

Email [email protected]

Need Help in Southern California?

Consumer Help CentralConsumer Help Central
About the Author
 
 
Northern California bankruptcy lawyer Cathy is a 30+ year veteran of bankruptcy practice in the Silicon Valley. She is known for energetic representation of clients and her command of bankruptcy law.

 

Read More >

643 Bair Island Road | Suite 403 | Redwood City, CA 94063 | Phone: 650.694.4700 | 650.368.4700
Moran Law Group is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for Bankruptcy.

All content copyright © 2023 Moran Law Group. All rights reserved.