Bankruptcy Cannot Eliminate All Debt.
Filing for bankruptcy gets rid of most, but not all types of debt. A Chapter 13 bankruptcy can get rid of more types of debt than a Chapter 7 bankruptcy but neither is guaranteed to clear all debt. Debt that cannot be gotten rid of is called “non-dischargeable” debt. Below is a description of the most common non-dischargeable debt.
Non-dischargeable Debt (for both Chapter 13 and Chapter 7)
- Most student loans.
- Income taxes where the return was due less than three years ago, the return was filed less than two years ago, taxes were assessed less than 240 days ago, or there was fraud or willful evasion of taxes.
- Alimony or child support
- Loans or money obtained by fraud (one example is charging up credit card debt with no intention to repay it)
- Intentionally misappropriating money from a trust or estate
- Criminal Restitution or a Criminal fine
- Death or injury caused by intoxicated operation of a vehicle, vessel or aircraft.
Non-dischargeable Debt (for Chapter 7 only)
- Civil fines or restitution
- Other obligations created in a divorce case that are not alimony or child support
- HOA or condo association fees incurred after filing