Which debts cannot be discharged in bankruptcy?
Debts that cannot be discharged in bankruptcy in Virginia include any debts from criminal fines, personal income taxes that are three or fewer years old, support payments for children or spousal payments, student loans, and debt from certain types of fraud. Additionally, any debts that have been identified by creditors in a reaffirmation agreement with the debtor prior to filing a bankruptcy cannot be discharged. Criminal fines refer to any monetary penalty imposed by the court in a criminal case. Personal income taxes are not dischargeable if they are three or fewer years old, meaning the tax return was due within the three-year period prior to the filing of the bankruptcy petition in Virginia. Support payments such as child support or alimony payments are not dischargeable in Virginia, meaning they must still be paid back despite the filing of bankruptcy. Student loans are also not dischargeable in bankruptcy in Virginia, meaning any student loan taken out for college or graduate studies must still be paid back after filing for bankruptcy. Furthermore, debt from certain types of fraud such as fraud concerning the sale or purchase of a security, fraud concerning a fiduciary or investment property, or fraud related to a governmental agency, are not dischargeable in Virginia bankruptcy proceedings. These debts must still be paid back despite the filing of bankruptcy.
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