What is considered a non-dischargeable debt?
Non-dischargeable debts are debts that cannot be eliminated through bankruptcy. In Mississippi, some common non-dischargeable debts include child support, alimony, court-ordered restitution, student loans, tax debts, and certain debts related to drunk driving. Additionally, any debts that are related to fraud or misrepresentation, such as unpaid taxes, are generally considered non-dischargeable. Under Mississippi bankruptcy law, debts incurred by fraud, willful or malicious acts, or intentional misrepresentation are non-dischargeable. For example, if you have made a false statement on a loan application, the loan would be non-dischargeable in bankruptcy. Similarly, credit card debts that are incurred for luxury items or cash advances totaling more than $900 within the 90 days prior to filing for bankruptcy are typically non-dischargeable. Under Mississippi bankruptcy law, creditors can also challenge the discharge of a debt by filing an objection to discharge in the bankruptcy court. If the court finds that a debt was obtained by fraud or misrepresentation, or that the debtor attempted to avoid repayment by transferring assets, it may be determined that the debt is non-dischargeable. In any case, non-dischargeable debts must still be paid off even if bankruptcy has been filed. This is why it is important to understand the laws specific to bankruptcy in Mississippi and to consult with an experienced attorney if you are considering filing for bankruptcy.
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