A Tradition Of Caring And Compassionate Representation For Staten Islanders

Attorneys Of Corash & Hollender, P.C.

What Types Of Debts Are Discharged During Chapter 7?

The question should really be what debts ARE NOT DISCHARGED (the answer is: all debts are discharged, except those that are NOT discharged, which is as follows:

  • If a debt is secured (home mortgage, or car loan) you must keep paying it or the bank will move to foreclose.
  • Debts for income taxes due within the last 3 years
  • Income taxes for which you did not file a return are not discharged
  • Withholding taxes for your employees
  • Sales taxes not paid
  • Child support and maintenance
  • Equitable distribution
  • A debt for Money, property or services you obtained by false pretenses, a false representation or actual fraud or a false financial statement
  • Fraud misuse of property if you were acting as a fiduciary (executor or trustee
  • Embezzlement or larceny
  • Willful or malicious injury
  • Governmental fines
  • Student loans (unless you can prove it would be an undue hardship for you to repay it)
  • Personal injury caused while you were on drugs or drunk
  • A debt you did not list in your bankruptcy schedules
  • Criminal restitution