What cannot be discharged in bankruptcy?

What cannot be discharged in bankruptcy?

If you are getting behind on your bills in Louisiana, you may consider filing for bankruptcy. Before you make this move, be aware that some debt is not dischargeable in bankruptcy.

Student loan debt

Americans owe more than $1.76 trillion in student loan debt, which is generally not dismissed by bankruptcy. For bankruptcy to get rid of this debt, you must prove that you cannot pay it now and that your situation is unlikely to change.

Alimony and child support

If the judge ordered you to pay alimony or child support while you were getting divorced, you would still need to make those payments. Furthermore, if you decide to file for divorce and bankruptcy simultaneously, the courts will put your bankruptcy on hold until your divorce is final.

Fraud

If you lied to a creditor and they issued you new credit shortly before your divorce, you will have to pay that entire amount. It is up to the creditor to prove that you lied or misled them in some way before you must pay them in full. Furthermore, if you charge more than $800 within 90 days of filing for bankruptcy that is not for necessities, such as food and shelter, you must pay that bill in full.

Taxes

Taxes due more than three years ago that you never paid may be dismissible in bankruptcy court. Those you need to pay within the last three years will still be your responsibility to pay. If you owe taxes because you committed fraud, the judge will not discharge that amount.

While most unsecured debt is dischargeable, not all of it is. Ensure you understand what debts might remain if you seek debt relief through bankruptcy.

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Amer Mustafa

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