Not all debts are dischargeable in bankruptcy. Specifically, Section 523(a) of the United States Bankruptcy Code provides that certain debts may not be discharged in bankruptcy. This means that these debts will survive your bankruptcy intact. Among the types of debts that are not dischargeable in most situations are:
- most tax debts (although some income tax debt can be discharged – ask your lawyer)
- money obtained by fraudulent means
- credit card binge debt
- child support or alimony
- debts arising from intentional injury
- criminal restitution or fines
- student loan debts
- debts arising from DUI or other impaired driving
As you might imagine, the provisions of Section 523 have been litigated extensively by lawyers all over the country. For every apparent “rule” in Section 523, there are exceptions. Your Clark & Washington lawyer can offer you advice about whether any of your debts fall within the provisions of Section 523 and will discuss with you the pros and cons of taking your particular case before a judge.