What debts are not dischargeable under chapter 7?
March 28, 2008 « Previous Page All debts of any kind or amount, including out-of-state debts, are dischargeable under chapter 7 except the debts listed below. The following is a list of the most common debts that are not dischargeable under chapter 7: (1) Most tax debts and debts that were incurred to pay federal tax debts. (2) Debts for obtaining money, property, services, or credit by means of false pretenses, fraud, or a false financial statement if the creditor files a complaint in the case (included here are debts for luxury goods or services and debts for cash advances made within 60 days before the case is filed). (3) Debts not listed on the debtor’s chapter 7 forms, unless the creditor knew of the case in time to file a claim. (4) Debts for fraud, embezzlement, or larceny, if the creditor files a complaint in the case.
The most common debts that are not dischargeable under chapter 7 include, for example, most taxes, child support, alimony, and student loans, court-ordered fines and restitution, debts obtained through fraud or deception, and personal injury debts caused by driving while intoxicated or taking drugs. Also, you may not be excused from repaying any debts that were not listed on your bankruptcy schedules or that you incurred after you filed bankruptcy. How long does a chapter 7 case last? A chapter 7 case begins with the filing of the case and ends with the closing of the case by the court. The vast majority of chapter 7 cases are closed about four months after the case is filed. If the debtor has nonexempt assets for the trustee to collect, the length of the case will depend on how long it takes the trustee to collect the assets and perform his or her other duties in the case. Most consumer cases with assets last about six months, but some last considerably longer.
