What Can't I Discharge in Bankruptcy

Bankruptcy is a useful tool to help you get much needed relief from overwhelming debt. However, there are certain debts that may not be discharged. The Rock Island attorneys at the law firm of Buckrop & VanDeVelde can provide a more detailed answer to your question of, “What can’t I discharge in bankruptcy?”

Non-Dischargeable Debts

The types of debt below are a non-exhaustive list of debts that can be considered non-dischargeable in your bankruptcy. A few of the debts listed below can be discharged under certain circumstances. You should consult your attorney to see if you have any non-dischargeable debts.

Some taxes — As a general rule, taxes under three years old, that have not been assessed or have been assessed within the past 240 days, or taxes for which no return has been filed, are considered non-dischargeable.

False pretenses/false statements — As a general rule, money, property, services or an extension, renewal or refinancing of credit is non-dischargeable if obtained by false pretenses, a false representation or actual fraud.

Neither listed nor scheduled — As a general rule, debts that are not listed or scheduled will not be discharged in your bankruptcy.

Fraud, embezzlement, larceny — As a general rule, debts arising from fraud or defalcation while acting in a fiduciary duty, embezzlement or larceny are non-dischargeable.

Domestic support obligations — Child support and alimony are non-dischargeable.

Willful and malicious injury — If you cause damage to a person or property, and it is done on purpose as distinguished from accidental, then it will generally not be discharged in a bankruptcy.

Debts for a fine, penalty or forfeiture — Debts payable to and for the benefit of a governmental unit will generally not be discharged.

Student loans — Student loans are not dischargeable absent the showing of an undue hardship.

Debts arising from death or personal injury — If a personal injury or death was caused by the debtor’s operation of a motor vehicle, vessel or aircraft and if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug or another substance, any debt arising from the accident will not be discharged.

Debts waived, unlisted or denied discharge in a previous case — Debts that were or could have been listed by the debtor in a prior case in which the debtor waived discharge or was denied a discharge may not be discharged.

Debts owed to an ex-spouse under a property settlement — Debts owed to a former spouse arising from a property settlement will not be discharged.

Contact the Bankruptcy Law Firm of Buckrop & VanDeVelde

At Buckrop & VanDeVelde, our attorneys have a combined 40 years of experience! Our office is located in The Law Centre in downtown Rock Island, Illinois, just a short distance from both Iowa and Illinois federal courthouses. Our lawyers and professional staff proudly serve most clients throughout Western Illinois and Eastern Iowa. Call us toll free at 800-627-5704 or
contact us online to arrange a free consultation with an experienced Rock Island bankruptcy attorney today.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.