Are there any debts that cannot be discharged in bankruptcy?
Yes, there are certain debts that cannot be discharged in a bankruptcy in the state of Oklahoma. This includes certain kinds of taxes, child support, alimony, spousal maintenance, most student loans, court-ordered restitution or fines, court-awarded damages for willful or malicious conduct, and certain types of secured debt like car loans or mortgages. Taxes are not discharged in bankruptcy unless they are more than three years old, are assessed more than 240 days ago, or other certain requirements are met. Child support and alimony are not discharged in a bankruptcy. This is because the court believed these debts are for the benefit and protection of children and spouses who are unable to pay their own bills. Most student loans are not discharged in bankruptcy, unless the debtor can prove that repaying the loans would cause the debtor "undue hardship." This is a very difficult standard to meet, so usually, student loans are not discharged. The court can order that restitution or fines be paid in certain criminal cases. Those fines/restitution payments are not dischargeable in bankruptcy, and must be paid regardless of the bankruptcy. Finally, most secured debts, such as car loans and mortgages, are not discharged in bankruptcy. This means that, even if the debtor does not want the car or house, they are still responsible for the payment. If the payments are not made, the creditor can repossess the car or foreclose on the house.
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