Are there any debts that cannot be discharged in bankruptcy?
Yes, some debts cannot be discharged in bankruptcy in South Carolina. These include certain types of tax debts, student loans, court-ordered alimony or child support, most fines and penalties, and debts for intentional injury or death caused by driving while intoxicated. Bankruptcy also does not discharge debt for fraud or embezzlement, or for certain types of property settlements. In addition, debt incurred for luxury items within the 90 days prior to filing for bankruptcy may not be dischargeable, as well as cash advances taken out within 70 days of filing for bankruptcy. Similarly, certain debts incurred for fraud may not be dischargeable, such as spending more than $600 on luxury items or services within the 90 days prior to filing bankruptcy. Finally, debts arising from the use of proceeds from a prior bankruptcy discharge are non-dischargeable. This means that if the debtor used the money from the prior discharge to pay off creditors, the creditors can still seek payment from the debtor after filing for bankruptcy. In summary, there are several types of debts that may not be discharged in bankruptcy, including certain types of taxes, student loans, court-ordered alimony or child support, most fines and penalties, debts for intentional injury or death due to drinking and driving, fraud or embezzlement, luxury items purchased close to the filing date, cash advances taken close to the filing date, and debts arising from the use of proceeds from a prior bankruptcy discharge.
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