Typically a Chapter 7 Bankruptcy discharges all debts listed in the petition as to you and your property.  However, under certain circumstances the following exceptions to discharge may apply:

  • Reaffirmed debts
  • Secured debts
  • Tax debts
  • Debts incurred through false pretenses or fraud, if the court deems them as such
  • Debts not listed in the bankruptcy if the creditor had no actual notice of the case and was prejudiced by not having notice
  • Debts for fraud as a fiduciary, if the court deems them as such
  • Most student loan obligations
  • Certain drunk driving debts
  • Certain criminal fines and restitution
  • Debts for damages or restitution ordered in a civil action as a result of willful or malicious injury by the debtor that caused personal injury or death
  • Domestic Support Obligations
  • Debts associated with a divorce decree

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding What Debt Can’t Be Eliminated by Filing Chapter 7 Bankruptcy?, or any other Bankruptcy matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.