What Debts Cannot Be Discharged In Bankruptcy?

What Debts Cannot Be Discharged In Bankruptcy?

Auto Accident Attorney San Diego - What Debts Cannot Be Discharged In Bankruptcy?

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The good news is that most debts are normally dischargeable. A extraction eliminates the legal promulgation to pay the debt that was discharged and prohibits any and all range actions to attempt to acquire the discharged debt. The following is a partial list of the base types of debts that are not dischargeable. This description does not supply facts about the differences between a chapter 7 extraction or chapter 13 discharge. Determining which debts cannot be discharged can be complicated. Please seek counsel regarding your definite circumstances.

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Auto Accident Attorney San Diego

Income Taxes

Taxes owed to the Internal wage aid and in California, the Franchise Tax Board, are commonly not discharged in bankruptcy unless the taxes meet the following requirements. The wage taxes could be discharged if they are three years old, filed on time, accessed 240 days prior to the case being filed, no fraud or willful evasion and returns were filed at least two years prior to the case being filed.

Student Loans

The 2005 Bankruptcy Abuse stoppage and consumer security Act eliminated the extraction of all incommunicable and government backed trainee loans. Any debt incurred for an educational advantage overpayment, promulgation to repay funds received as an educational advantage and debts for any other schooling loan that is a powerful schooling loan under the U.S. Bankruptcy Code. Under unavoidable circumstances trainee loans could be discharged by filing an adversary proceeding.

Domestic withhold Obligations

If you are behind on your child withhold or spousal withhold payments as ordered by the state court the missed payments are not dischargeable.

Debts Incurred to Pay Nondischargeable Taxes

As part of the 2005 Bankruptcy Abuse stoppage and consumer security Act any debt incurred to pay a nondischargeable tax debt is not discharged.

Damages Caused While Intoxicated

If you caused a car accident and you were intoxicated at the time, any damages or claims resulting from bodily injury of the victims are not dischargeable. Debts resulting from damage to asset caused while you are intoxicated could be discharged. Any debt for death or personal injury that you caused while intoxicated while operating a motor vehicle, vessel or aircraft are not dischargeable.

Any Money, Property, Services, credit or reparation of credit Obtained by Fraud

If you received money, property, services, credit, reparation of credit or refinancing of credit because you made a false pretense, false representation or actual fraud, the resulting debt of the fraud is not dischargeable.

Purchase of Luxury Items Within 90 Days of Filing Bankruptcy

If you owe 0 or more to a singular creditor for the buy of 0 or more of what is considered luxury goods or services within 90 days before the bankruptcy case was filed the debt is not dischargeable.

Certain Cash Advances

Cash advances that total more than 0 obtained within 70 days before the bankruptcy case was filed are not dischargeable.

Post-Petition Hoa Dues

If you own a home in an association and are behind on the monthly dues prior to the bankruptcy case being filed, all of the missed payments before the case is filed are dischargeable. Once the case is filed the dues that come due each month are not dischargeable. If you plan on surrendering your home and are not production the general mortgage payment you will still be responsible for the post-petition Hoa dues as long as the house is still in your name.

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