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One of the major purposes of
bankruptcy legislation is afford the opportunity to a person hopelessly
burdened with debt to erase his or her debt and thereby get a fresh
financial start. A bankrupt's debt is erased when he or she is discharged.
WHEN IS A BANKRUPT DISCHARGED?
The debtor is discharged 3 -
5 months after bankruptcy is filed. At that time all debts (with some
exceptions) are written off.
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More than 99% of
the bankrupts are discharged.
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WHAT DEBTS ARE NOT ERASED BY
A BANKRUPTCY? 
The following debts are not erased
in both Chapter 7 and Chapter 13. If you file for Chapter 7, these will
remain when your case is over. If you file for Chapter 13, these debts
will have to be paid in full during your plan. If they are not, the
balance will remain at the end of your case:
- Debts you forget to list in
your bankruptcy papers, unless the creditor learns of your bankruptcy
case;
- Child support and alimony;
- Debts for personal injury or
death caused by your intoxicated driving;
- Student loans, unless it would
be an undue hardship for you to repay;
- Fines and penalties imposed
for violating the law, such as traffic tickets and criminal restitution,
and
- Recent income tax debts and
all other tax debts. This
is a complicated area of the bankruptcy law and an attorney should
be consulted. You can discharge (wipe out) debts for federal income
taxes in Chapter 7 bankruptcy only if all of these five conditions
are met:
- The IRS has not recorded
a tax lien against your property. (If all other conditions are
met, the taxes may be discharged, but even after your bankruptcy,
the lien remains against all property you own, effectively giving
the IRS a way to collect.)
- You didn't file a fraudulent
return or try to evade paying taxes.
- The liability is for a
tax return (not a Substitute or Return) actually filed at least
two years before you file for bankruptcy.
- The tax return was due
at least three years ago.
- The taxes were assessed
(you received a notice of assessment of federal taxes from the
IRS) at least 240 days (eight months) before you file for bankruptcy.
(11 U.S.C. §§ 523(a)(1) and (7).)
In addition, the following debts may be declared
non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor
challenges your request to discharge them. These debts may be discharged
in Chapter 13. You can include them in your plan, and at the end of
your case, the balance is wiped out:
- Debts you incurred on the basis
of fraud, such as lying on a credit application;
- Credit purchases of $1,150 or
more for luxury goods or services made 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, and
- Debts you owe under a divorce
decree or settlement unless after bankruptcy you would still not be
able to afford to pay them or the benefit you'd receive by the discharge
outweighs any detriment to your ex-spouse (who would have to pay them
if you discharge them in bankruptcy).
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