What type of debt is not dischargeable under a Chapter 7 filing?


Some debt stays with you no matter what…

The list below sets out the most common types of debt which are not dischargeable under a Chapter 7 bankruptcy filing, with each type requiring a thorough examination in light of your particular financial circumstances.  The information provided here is to be viewed as a general overview which may change depending on your specific financial situation.  Non-dischargeable debt under a Chapter 7 bankruptcy filing includes those:

  • obtained by false pretenses, fraud, or false financial statement if the creditor files a complaint in the case (included are obligations related to luxury goods or services as well as those for cash advances made within 60 days before the case is filed);
  • not listed on the debtor’s Chapter 7 Petition;
  • for fraud, embezzlement, or larceny, if the creditor files a complaint in the case;
  • for alimony, maintenance, or support and, if the creditor files a complaint in the case, certain other divorce-related liabilities including property settlements;
  • for intentional or malicious injury to the person or property of another;
  • for certain fines or penalties;
  • for student loans and educational benefits, unless the court finds that not discharging would impose an undue hardship on the principal and his/her dependents; and
  • for personal injury or death caused by the debtor’s operation of a motor vehicle while intoxicated.

Call the Ohio Estate Attorney, David J. Smith, today for a free consultation at (937) 318-1529 to examine how filing for bankruptcy can help eliminate your burdensome financial obligations.  You don’t have to struggle with debt and stress any longer.  Get your fresh start for a new tomorrow!