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 most-effective 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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