Are there any debts that cannot be discharged in bankruptcy?

Yes, there are certain debts that cannot be discharged in bankruptcy in California. These include student loans, recent taxes, mortgage and loan payments, alimony and child support, debts resulting from personal injury caused by DUI, and some other types of debts. Student loans are one of the most common debts that cannot be discharged in bankruptcy. This is because student loans are typically not dischargeable in bankruptcy regardless of the filing chapter or how old the loan is. Tax debts are often not discharged in bankruptcy because the Internal Revenue Service (IRS) has special enforcement powers and procedures that can be used to collect unpaid taxes. Taxes due within a three-year period prior to filing for bankruptcy, as well as taxes that cannot be discharged due to fraud, are not dischargeable in bankruptcy. Debts associated with a lien on real property, such as a mortgage or car loan, also cannot be discharged in bankruptcy. These creditor’s claims are secured by the property, so the creditor can recover the unpaid debt by seizing and selling the secured property. Finally, alimony and child support payments are usually not dischargeable in bankruptcy. These payments are deemed “domestic obligations” and the law is designed to protect the rights of the spouse or child. While these are the most common types of debt that can’t be discharged in bankruptcy, there are other debts as well. Therefore, it’s important to consult an experienced bankruptcy attorney to determine which debts can and cannot be discharged in your bankruptcy case.

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