Special debts like child support, alimony and student loans, will not be eliminated when filing for bankruptcy.
Not all debts are treated the same. The law takes some debts very seriously and these cannot be wiped out by filing for bankruptcy. The following debts cannot be discharged in either Chapter 7 or Chapter 13 bankruptcies. 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 be included in your repayment plan.
- Child support, alimony and other debts related to family support.
- Debts for personal injury or death caused by driving while under the influence (influence (any judgments or debts incurred as a result of personal injury or death to others caused by your own negligence or criminal activity.)
- Student loans (unless you can prove repayment would be an undue hardship).
- Debts resulting from fraud, theft, or embezzlement.
- Court-ordered fines, penalties, or restitution.
- Most tax debts (some older tax debts may be dischargeable).
- Debts arising out of tax-advantaged retirement plans
- Condo or cooperative housing fee debts
- Debts that were not listed in your bankruptcy petition (unless the creditor learns of your bankruptcy case).
NOTE: If a debt could have been included in a previous bankruptcy petition, or you waived discharge of the debt, it cannot be eliminated.
Read the Law: 11 United States Code § 523