Non-Dischargeable Debt in Bankruptcy Filing
Know What Debts Cannot Be Erased
When debts are discharged, they are forgiven or canceled. For an individual or a business, this relief from debt is one of the most beneficial aspects of bankruptcy, along with the automatic stay. While many types of debt are dischargeable, there are exceptions.
If you are contemplating filing bankruptcy, the attorneys of Weintraub & Selth, APC can help you identify your nondischargeable debt and explain the crucial difference between nondischargeable and dischargeable debt. If the debts that are of most concern to you are not dischargeable, bankruptcy may not be the appropriate path to debt relief.
Schedule your free consultation with our team today.
What Debts Cannot Be Discharged in Bankruptcy?
In most cases, the following types of debt are nondischargeable:
- Certain types of tax debt, such as recent income tax debts or federal tax liens
- Court-ordered child support and spousal support
- Debts incurred from fraudulent activity
- Student loans, unless you can prove undue hardship
- Personal injury or wrongful death judgments resulting from driving while intoxicated
- Government fines, such as criminal fines, penalties, and restitution
- Personal injury debts, such as from willful and malicious injury to a person or property
- Debts that you did not include in your bankruptcy filing
Discuss your case with a lawyer before you make decisions about bankruptcy or debt relief alternatives. Bankruptcy laws are complex and each case is unique, but the attorneys of Weintraub & Selth, APC are prepared for all possibilities.
Can the Courts Deny a Discharge?
There are instances where a court can deny a bankruptcy discharge if the debtor failed to disclose assets, committed perjury, filed bankruptcy too often, or did not comply with bankruptcy procedures. In such cases, the court may decide not to discharge debt that may otherwise qualify for a discharge.
Why Should I File Bankruptcy If I Have Non-Dischargeable Debt?
If you have a significant amount of nondischargeable debt, bankruptcy may still be a feasible option for debt relief. When you have some of your debts forgiven, this can free up your disposable income and put you in a better position to pay off debts that cannot be discharged.
If all or nearly most of your debt is not dischargeable, you may want to discuss your options with an attorney to find the right solution.
Learn More About Ways to Eliminate Your Debts
We know that bankruptcy laws can be confusing, and you may be concerned about whether filing for bankruptcy is the right option for you. Learning how the bankruptcy law applies to your financial situation will help you choose the right debt relief option. Our bankruptcy attorneys in Los Angeles can offer guidance and advice.
We can review your debts and help you better understand what can or cannot be discharged, and if bankruptcy can put you in a better financial situation. If bankruptcy is not appropriate, we will identify any available alternative methods of debt relief. Our team will listen to your goals and advise you on the steps you can take toward long-term financial health.
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