What Debts Are Dischargeable?

Home English FAQs Bankruptcy Debt Relief

What Debts Are Dischargeable?

11 U.S.C. Section 523 lists exceptions to discharge. In general, all other debts are dischargeable. Some debts listed in Section 523, such as those based on fraudulent conduct, embezzlement or willful and malicious injury to another, are discharged unless a complaint to deny discharge of that debt is timely filed with the bankruptcy court. Ordinarily, these complaints must be filed within sixty (60) days of the first date set for the meeting of creditors. Additionally, debts that were not listed on your bankruptcy schedules or that were incurred after you filed bankruptcy are generally not discharged. Denial of a discharge goes to the debtor`s entire proceeding, while determination of nondischargeability goes to a particular debt only. A request for denial of discharge is usually granted because the debtor has defrauded a creditor, concealed property of the estate, made a false oath, presented or used a false claim, refused to obey any lawful order of the court and other reasons contained in the Bankruptcy Code. A nondischargeability of a debt excepts a particular debt from the discharge. This means that if the debt is determined nondischargeable the debtor is still obligated to that creditor.

Other Debt Relief FAQs

Q: What About My Student Loans – Can I Discharge Them?
A: In general, student educational loans are not discharged under bankruptcy. There are exceptions in which a court may discharge the debt especially where paying … More
Q: I Am Involved In A Short Sale Situation With My House And The Lender Wants Me To Sign A Promissory Note For The Difference – Will I Be Able To Discharge This Note In Bankruptcy.
A: This is a common tactic by lenders in a short sale situation. However, if you sign the note then try to file for bankruptcy shortly thereafter, you may have a … More
Q: What Is A Discharge?
A: The discharge order is issued by the court and permanently prohibits creditors from taking action to collect dischargeable debts against the debtor personally; this … More
Q: What Is A Priority Debt?
A: A priority debt is a debt entitled to priority in payment in a bankruptcy case. A general listing of priority debts is given in 11 U.S.C. º 507 of the Bankruptcy … More
Q: What Is A Secured Debt?
A: A secured debt is a debt that is backed by property. A creditor whose debt is secured has a right to take property to satisfy a secured debt. For example, most homes … More
Q: What Is An Unsecured Debt?
A: A debt is unsecured if you have simply promised to pay someone a sum of money at a particular time, and you have not pledged any real or personal property as … More
Q: What Is An Administrative Debt?
A: An administrative debt is a priority debt. An administrative debt is created when someone provides goods or services to your bankruptcy estate. The best example of an … More
Q: What Is A Reaffirmation Agreement?
A: A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. Such an … More
Q: What Is Redemption?
A: Redemption allows an individual debtor (not a partnership or a corporation) to keep tangible, personal property intended primarily for personal, family, or household … More
Q: What Should I Do If I Cannot Make My Chapter 13 Payments?
A: If the debtor cannot make a Chapter 13 payment on time according to the terms of the confirmed plan, the debtor should contact the trustee by phone and by letter … More