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Non-Dischargeable Debt and Chapter 7

The purpose of filing for Chapter 7 bankruptcy is to re-organize your debt and to discharge whatever debts you can. However, there are types of debt that cannot be discharged (forgiven) by the court. The most common forms of un-dischargeable debts are alimony, child support, student loans, and taxes. Other types of debts that cannot be discharged typically have to do with fraud on the part of the debtor.

For example, if you made fraudulent claims on your taxes, you will have to pay any fees resulting from that fraud. If you try to hide any of your debts or not report them and get caught, you'll have no way of getting out of paying those debts. Fines and penalties that are payable to government institutions also cannot be discharged, nor can any court-ruled payments that result from the intentional injury of another person. Debts for such financial crimes as fraud, embezzlement, and larceny cannot be discharged in bankruptcy court.

There are certain exceptions to some of these situations. For example, if the amount owed in student loans is so high that it causes a severe undue hardship on the debtor, the court might discharge some or all of those debts. However, this is rare and needs to be argued convincingly by the debtor in order for the bankruptcy judge to consider discharging such debts.

Thinking about Chapter 7 as a way to deal with your overwhelming debt? Speak with a Chicago bankruptcy attorney from our law office now to become aware of your rights and obligations. To arrange a consultation, contact Bizar & Doyle, LLC now.

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The information on this website is for general information purposes only. Nothing on should be taken as legal advice for any individual case or situation.

Main Office: 123 W. Madison Street, Suite 205 Chicago, IL 60602
Phone Number: (312) 427-3100