The question of whether a particular debt is dischargeable may arise with domestic support obligations. These debts include not only child support and alimony, but could also include a credit card balance required by a family court order to be paid by a person. This account would be listed as an unsecured priority debt on Schedule E of the bankruptcy petition and would not be dischargeable in bankruptcy. The reason is that an existing family court order not yet modified otherwise cannot be vacated by a subsequent bankruptcy filing. Of course, this is a general principle as family law varies widely from one jurisdiction to another. Consult first with a licensed family lawyer in your jurisdiction and then with a qualified bankruptcy practitioner in the area in order to determine your rights.
January 19th, 2010 by Administrator
What kind of debts cannot be discharged by filing for bankruptcy?
A good rule of thumb with bankruptcy law is that unless a debt is specifically excluded, it may be discharged.
The most common exclusions faced by individuals would be:
Student loans – Student loans generally come due and owing after graduation and accrue penalties and interest over time.
Support, separation and divorce obligations – Obligations ordered by a family court may not be discharged regardless of the debtor’s financial circumstances. Only a further family court order can modify such an obligation.
Wages, salaries and commissions – Wages, salaries and commissions paid to employees may not be discharged and can be recovered through suit.
Taxes and certain other debts – Taxes and certain other debts, including government medical expenses, may not be discharged and usually are subject to recovery by government withholding of monies owed until compensated for.
Claims for death or injury while intoxicated – Claims for death or injury while intoxicated may not be discharged regardless of a debtor’s financial circumstances and may be recovered by suit.
Although this list includes the most common exclusions while filing for bankruptcy, it is not all-inclusive. If you have a question about a certain debt that you may owe, you should contact a Bankruptcy attorney in your jurisdiction.
March 6th, 2009 by Administrator
