What debts cannot be discharged in Chapter 7 Bankruptcy?
Chapter 7 Bankruptcy Law in California states that there are certain debts that cannot be discharged under this bankruptcy filing. These include: 1. Child Support and Alimony: Debts owed for past due child support, spousal support or alimony must be paid in full in a Chapter 7 bankruptcy. 2. Secured Debt: Debts secured by a lien on property, such as a mortgage or car loan, are not discharged in a Chapter 7 filing. The debtor must either continue to make payments or surrender the property. 3. Student Loans: Federal student loans and some private student loans cannot be discharged in Chapter 7 bankruptcy unless it can be proven that repayment would cause an “undue hardship.” 4. Tax Debt: Any unpaid taxes or tax penalties must be paid in full in Chapter 7 bankruptcy and cannot be discharged. 5. Fraudulent Debts: Debts incurred through fraud, such as credit card charges made with the intent to defraud or debts obtained through false representation, cannot be discharged in Chapter 7. By understanding what debts cannot be discharged in a Chapter 7 filing, debtors can be better informed and prepared when filing for bankruptcy. This knowledge can help them to decide the best course of action for managing their debt and achieving a fresh financial start.
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