Which debts cannot be discharged in bankruptcy?
In North Carolina, there are certain debts that cannot be discharged in bankruptcy, which means these debts will remain even after filing for bankruptcy. Examples of these debts include back taxes, court-ordered alimony, child support and other domestic support obligations, student loans, court fines and criminal restitution orders, certain dischargeable taxes, debts obtained by false pretenses, willful or malicious injury, certain luxury goods purchased within 90 days prior to filing, and any debt incurred to pay off a non-dischargeable debt. Some debts that can be discharged, or eliminated, in bankruptcy include medical bills, credit card debt, personal loans, most civil judgments, and some tax debts. In some cases, a creditor may contest the discharge of a debt. In order to successfully do this, the creditor must demonstrate to the court that the debt was incurred through fraud, misrepresentation, or other wrongful means. The creditor must also demonstrate that the debt is not among those excluded from being discharged in bankruptcy. Each case is unique and should be discussed with a qualified bankruptcy attorney to determine the best course of action.
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