Are there any debts that cannot be discharged in bankruptcy?
Yes, there are certain debts that cannot be discharged in bankruptcy in Delaware. These include student loans, most taxes, and child support and spousal support. In addition, any debts that the court finds to be due to fraud or misrepresentation and any debts used to purchase luxury items within a certain time period prior to filing bankruptcy also cannot be discharged. Debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated, and debts not listed on a debtor’s bankruptcy petition are also non-dischargeable. Unfortunately, if any of these debts are not paid in bankruptcy, the creditor can still try to collect on them. Another non-dischargeable debt is debt associated with a divorce or separation. In a divorce, any debt or asset acquired through a settlement, decree, or agreement is non-dischargeable. This means that if a debtor received money or property as part of a divorce, they are responsible for paying that debt even after they file for bankruptcy. By understanding which debts are not dischargeable, debtors can avoid unnecessary complications during the filing process. If you are considering filing for bankruptcy in Delaware, be sure to consult with an attorney to determine which debts can and cannot be discharged.
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