|
|
|
|
Are all of a debtor's debts discharged or only some?
Not all debts are discharged. The debts
discharged vary under each chapter of
the Bankruptcy Code.
Section 523(a) of
the Code specifically excepts various categories
of debts from the discharge
granted to individual debtors. Therefore,
the debtor must still repay those debts
after bankruptcy. Congress has determined
that these types of debts are not
dischargeable for public policy reasons
(based either on the nature of the debt or
the fact that the debts were incurred due
to improper behavior of the debtor, such
as the debtor's drunken driving).
[an error occurred while processing this directive]
There are 18 categories of debt excepted
from discharge under chapters 7, 11,
and 12. A more limited list of exceptions
applies to cases under chapter 13.
Generally speaking, the exceptions to
discharge apply automatically if the language
prescribed by section 523(a)
applies.
The most common types of
non-dischargeable debts are certain
types of tax claims, debts not set forth
by the debtor on the lists and schedules
the debtor must file with the court,
debts for spousal or child support or
alimony, debts for willful and malicious
injuries to person or property, debts to
governmental units for fines and penalties,
debts for most government funded or guaranteed educational loans or benefit
overpayments, debts for personal
injury caused by the debtor's operation
of a motor vehicle while intoxicated,
and debts for certain condominium or
cooperative housing fees.
The types of debts described in sections
523(a)(2), (4), (6), and (15) (obligations
affected by fraud or maliciousness
or certain debts incurred in connection
with property settlements arising out of
a separation agreement or divorce
decree) are not automatically excepted
from discharge. Creditors must ask the
court to determine that these debts are
excepted from discharge. In the absence
of an affirmative request by the creditor
and subsequent granting of the request
by the court, the types of debts set out in
sections 523(a)(2), (4), (6), and (15) will
be discharged.
A broader discharge of debts is available
to a debtor in a chapter 13 case than
in a chapter 7 case. As a general rule, the
chapter 13 debtor is discharged from all
debts provided for by the plan except
certain long-term obligations (such as a
home mortgage), debts for alimony or
child support, debts for most government funded or guaranteed educational
loans or benefit overpayments, debts
arising from death or personal injury
caused by driving while intoxicated or
under the influence of drugs, and debts
for restitution or a criminal fine included
in a sentence on the debtor's conviction
of a crime. Although a chapter 13 debtor
generally receives a discharge only after
completing all payments required by the
court-approved (i.e., "confirmed") repayment
plan, there are some limited circumstances
under which the debtor may
request the court to grant a "hardship
discharge" even though the debtor has
failed to complete plan payments. Such a
discharge is available only to a debtor
whose failure to complete plan payments
is due to circumstances beyond the
debtor's control.
The scope of a chapter 13 "hardship
discharge" is similar to that in a chapter
7 case with regard to the types of debts that are excepted from the discharge.
A hardship discharge also is
available in chapter 12 if the failure to
complete plan payments is due to "circumstances
for which the debtor
should not justly be held accountable."
|
|
|
Sue Your Boss Law CA expands lawsuits for violations of the labor code. New ebook has 100+ ways employers can be sued |
Repair Your Credit How to easily and effectively fix your credit report. Get the money, car, house and loans you need. |
|
|