Bankruptcy Litigation - Chart 1


What debts are discharged in Chapter 7:

Dischargeable

  • - Personal loans
  • - Credit cards
  • - Repossession deficiencies
  • - Auto accident claims
  • - Medical bills
  • - Judgments
  • - Business debts
  • - Leases
  • - Guaranties
  • - Negligence claims
  • - Tax penalties over 3 years old
  • - Income taxes that aren't priority taxes


 

Possibly dischargeable


  • - Willful and malicious injuries to others
  • - Embezzlement
  • - Debts incurred by fraud or dishonesty
  • - Debts arising from breach of fiduciary duty

 


These are only not discharged if a creditor promptly takes action to contest the discharge of his claim.Details on evaluating credit card dischargeability


 

Not dischargeable


  • - Recent taxes
  • - Trust fund taxes
  • - Child or family support
  • - Criminal fine or restitution
  • - Accident claims involving intoxication
  • - Debts not scheduled
  • - Penalties payable to the government other than tax penalties
  • - Student loans
  • Debts listed in prior bankruptcy where debtor was denied a discharge
  • - Taxes for years where return unfiled or filed for less than 2 years
 
 
 

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