Which debts cannot be discharged in bankruptcy?

In Delaware, some debts cannot be discharged in bankruptcy. These include alimony and child support payments, taxes that are less than three years old, student loans, debts incurred through fraud, and court-ordered damages for personal injury due to the debtor’s willful or malicious conduct. In addition, any judgments obtained for criminal fines, penalties, and forfeitures are also generally not dischargeable. If the debtor obtained a loan from someone who lent the money based on the understanding that it would not be discharged in bankruptcy, that debt cannot be discharged either. This type of debt is called a “non-dischargeable debt.” If the debtor has personal guarantee on a business loan, then they cannot discharge that loan either. Other debts that cannot be discharged in bankruptcy include those related to running a business, debts related to activities that are considered illegal, and debts related to false pretenses, false representation, or defalcation while acting in a fiduciary capacity. Finally, debts that are incurred after the bankruptcy petition is filed are not dischargeable. This means that if the debtor was to incur a debt after filing, they would still be responsible for that debt after the bankruptcy is complete.

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