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Some debts are not dischargeable in bankruptcy. A bankruptcy discharge varies, depending on the type of bankruptcy the debtor files (Chapter 7, 11, 12, or 13). The most common nondischargeable debts listed in Section 523 include the following:
- All debts not listed in the bankruptcy petition
- Student loans—unless it would be an undue hardship to repay them (see Cases , In re Zygarewicz)
- Taxes—federal, state, and municipal
- Fines for violating the law, including criminal fines and traffic tickets
- Alimony and child support, divorce, and other property settlements
- Debts for personal injury caused by driving, boating, or operating an aircraft while intoxicated
- Consumer debts owed to a single creditor and aggregating more than $550 for luxury goods or services incurred within ninety days before the order of relief
- Cash advances aggregating more than $825 obtained by an individual debtor within ninety days before the order for relief
- Debts incurred because of fraud or securities law violations
- Debts for willful injury to another’s person or his or her property
- Debts from embezzlement
This is not an exhaustive list, and as noted in Chapter 7 Liquidation , there are some circumstances in which it is not just certain debts that aren’t dischargeable: sometimes a discharge is denied entirely.
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