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Non-Dischargeable
Debts in Atlanta, Georgia
The following debts cannot
be discharged for both Chapter 7 Bankruptcy
and Chapter 13 Bankruptcy. If you
file for Chapter 7 you will still be responsible for repaying these
debts after your discharge. If you file for Chapter 13, these debts
will have to paid in full in your plan, or the balance will remain at
the end of your plan. This list is not comprehensive and the bankruptcy
law regarding debt discharge is complicated. Therefore, it is a good
idea to consult a bankruptcy lawyer about discharge prior to filing.
- Debts you do not choose
to or forget to list in your bankruptcy papers
- Child support, alimony,
and debts in the nature of support
- Debts for personal injury
or death caused by driving while intoxicated or under the influence
of drugs
- Student loans, unless
it would be an undue hardship for you to repay
- Fines and penalties for
violating the law, including traffic tickets and criminal restitution
- Most federal, state, and
local taxes, and any money borrowed on a credit card in order to pay
those taxes.
- Debts you couldn't discharge
in a previous bankruptcy that was dismissed due to fraud or misfeance.
The following debts could
be declared non-dischargeable by a bankruptcy judge in Chapter 7 bankruptcy
cases if a creditor challenges your request to discharge them:
- Debts you incurred on
the basis of fraudulent acts
- Credit purchases of $1,150
or more taken within 60 days of filing
- Loans or cash advances
of $1,150 or more taken within 60 days of filing
- Debts from willful or
malicious injury to another person or another person's property
- Debts from embezzlement,
larceny, or breach of trust
- Debts you owe under a
divorce decree or marital settlement agreement unless after bankruptcy
you would still not be able to pay them or the benefit you would receive
by the discharge outweighs any detriment to your ex-spouse.
For
more information about bankruptcy and non-dischargeable debts, contact
a Atlanta, Georgia Bankruptcy Lawyer.
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