Are any and all debts dischargeable in a bankruptcy case?

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No. There are many debts which Congress has excluded from discharge. A few of these are:

  1. Debts incurred by fraud or false pretenses;
  2. Debts incurred by a false statement in writing (such as false credit application);
  3. Debts incurred by embezzlement or larceny;
  4. Spousal support or child support obligations;
  5. Debts incurred by willful AND malicious injury;
  6. Debts resulting from death or personal injury by debtor operating a motor vehicle while intoxicated;
  7. Criminal fines and restitution;
  8. Marital Equalization obligations (Ch. 7 only–these may be discharged in a Ch. 13);
  9. Income taxes for tax years less than 3 years ago;
  10. Fines and penalties owed to a governmental unit;
  11. Student Loans (unless you can prove “undue hardship” which is almost impossible to do).

These are the main types excepted from discharge, although there are others that are not listed here.


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