Bankruptcy Blog

05 December 2013

What is a non-dischargable debt?

A non-dischargable debt is one in which Congress has determined that the debtor must pay and may not be forgiven, or "discharged", during the bankruptcy process.  Bankruptcy filed under chapters 7, 11, 12, and 13 each prohibit certain types of debt from being discharged.  Depending on the chapter in which bankruptcy is filed, the types of debts that are dischargable vs. non-dischargable vary.  For example, chapter 13 allows a more broad set of dischargable debts than chapter 7 bankruptcy. 

The most common types of debt that cannot be discharged are child support; spousal alimony; debt to the government including student loans, tax bills, and penalties; some housing or condo fees; debts owed to someone because of a injury caused by drunk driving or cruel actions; some retirement plan debts; and debts incurred due to divorce. 

Creditors may oppose the discharge of some debts during the bankruptcy process, and he must prove that the person or process has been violated to get a supportive ruling for disallowing the discharge.  The opposition filing must meet the court's deadlines.

A discharge may be revoked if the trustee or creditor proves that the debtor obtained the discharge under fraudulent circumstances.  The court would review the claim and circumstances to determine if there is a justified reason for the revocation of the discharge. 

Bankruptcy is a way to start fresh from overwhelming debt, but it is not a method to get rid of all debts. 

 
Steven H. Phelps  

Steven H. Phelps

Mr. Phelps was admitted to the Texas State Bar in 1992. His early litigation practice was concentrated in the areas of business law, banking and financial services, real estate and labor law. Since 1995, Mr. Phelps enlarged his practice to include the areas of estate planning and title services and most importantly, personal bankruptcy.

Call Steven today to talk about your individual situation during a free consultation.

Call today for a complimentary consultation

214-373-0880

8350 N. Central Expressway
Suite 1220
Dallas, Texas 75206

Phone: (214) 373-0880
Fax:
(214) 373-3239

1636 N. Hampton Road
Suite 210
DeSoto, Texas 75115

Phone: (469) 765-1200
Fax:
(469) 765-1201

This is not a law office.
You can meet with an 
attorney by appointment only.