What is a nondischargeable debt?

A nondischargeable debt is a debt that a debtor cannot have discharged or forgiven under Chapter 7 Bankruptcy Law in Idaho. This means that the debtor is still responsible for paying this debt even after the completion of a bankruptcy filing. Examples of nondischargeable debts include child support, alimony, federal and state taxes, student loans, and criminal restitution. Child support and alimony are considered nondischargeable because they are viewed as priority debts. Priority means that they must be paid back over all other debts and are treated differently from other debts. Federal and state taxes that are more than three years past due are nondischargeable as well, as are student loans. Criminal restitution is with the restitution for damages caused by a criminal act. It is important to note that the creditor, or the person/entity to whom the debt is owed, does not have to agree to the discharge of a debt. Creditors can choose to object to the discharge of the debt, which may require additional filings and paperwork with the court. For debts that are nondischargeable, the creditor cannot agree to a discharge because these debts must be paid, regardless of whether a bankruptcy filing is completed.

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