Debts Not Dischargeable

Assistance with Objections or Exceptions To Discharge Not Included in Basic Chapter 7 Fee

Debts that are not dischargeable in a chapter 7 case include the following:
  • Debts not listed in the bankruptcy schedules in time for a creditor to file a claim for payment in an asset case
  • Certain taxes, typically income taxes for which a return was not filed or was due within the three years before filing or for taxes assessed by the government within 240 days before the filing of the bankruptcy case
  • Debts or financial obligations incurred by fraud or by the use of a false financial statement 
  • Domestic support obligations, including alimony, maintenance and child support
  • Student loans (unless eligible for a hardship discharge)
  • Criminal restitution
  • Claims for death or personal injury caused while operating a motor vehicle if such operation was unlawful because of intoxication by alcohol, a drug, or another substance
  • Debts incurred after a bankruptcy petition is filed at the court

HOA and COA Debts

A debtor is responsible for any homeowners' or condominium owners' association assessments or dues from the time that a bankruptcy petition is filed until real property owned by the debtor is no longer titled in the debtor's name. HOA/COA dues and assessments owed prepetition may be dischargeable. But the HOA/COA will expect payment of any post petition amounts.

If a debtor is surrendering or abandoning property in foreclosure, a debtor's name usually is not removed from title until after a foreclosure sale occurs and the public trustee gives the buyer a deed. That may not occur until some time after the bankruptcy closed.