Are there any types of debt that will survive a bankruptcy discharge?
Yes, there are certain types of debt that are not discharged in a bankruptcy in the state of Hawaii. These debts are known as “non-dischargeable” and include most taxes, alimony, child support, government-funded or guaranteed educational loans or benefit overpayments, court-issued fines, and some types of criminal restitution. In addition, any debt that is originated from fraudulent activity would also survive a bankruptcy discharge. This includes fraudulently obtaining credit, lying on a loan application, or intentionally misleading a lender in order to secure credit. Lastly, any debt that is either co-signed or guaranteed by another individual would also survive a bankruptcy discharge. This means that if a cosigner or guarantor has agreed to be held responsible for a debt and the original borrower files for bankruptcy, the cosigner or guarantor will still be expected to repay the debt. It is important to note that although these types of debts will survive a bankruptcy discharge, a borrower still may be able to negotiate for a new payment plan or reduced payment amount with the creditor. It is always best to consult with a skilled bankruptcy attorney to understand your legal rights and options.
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