Both Chapter 7 bankruptcy and Chapter 13 bankruptcy prohibit the discharge of the following debts. Please note that this list is not comprehensive.
- Child support, alimony, and other debts of this nature of support
- Debts for personal injury or death caused by driving while intoxicated or under the influence of drugs
- Student loans, although these may be dismissed if you can prove it would be an undue hardship for you to repay (See Student Loans)
- Any fines or penalties for violating the law, this includes traffic tickets and criminal restitution
- Any debts you could not discharge in a previous bankruptcy filing that was dismissed due to fraud
A lawsuit filed in the bankruptcy court which is related to the debtor’s bankruptcy case is called an Adversary Hearing. Examples are complaints to determine the dischargeability of a debt and complaints to determine the extent and validity of liens.
There is a lot to bankruptcy, so make sure you understand your options. Call the Cook Law Firm today to learn everything you need to know, and to get the best bankruptcy attorneys on your side.
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Bankruptcy Myths
One of the major benefits of filing for protection under bankruptcy is that creditor actions are stayed (which simply means stopped).
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