Jacksonville Bankruptcy Attorney Explains Dischargeable vs. Non-dischargeable Debts
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The "Discharge Order" is an order by the Bankruptcy Court that releases you from any obligation to pay all discharged debts. Discharge eliminates any personal liability for debts incurred before filing bankruptcy and forever prevents creditors from trying to collects on those discharged debts. The only exception, however, is debts that cannot be discharged.
NON-DISCHARGEABLE DEBTS:
- "Non-dischargeable debts" are debts that you are still obligated to pay even if you file for bankruptcy.
- Some debts are automatically non-dischargeable, meaning that the court does not have to make any determination on the issue of dischargeability, and others are declared non-dischargeable by the court after a creditor files an objection to the discharge.
Some examples of Automatically Non-dischargeable Debts:
1. Alimony, maintenance and child-support
2. Student Loans. See Bankruptcy and Student Loans.
3. Taxes are generally non-dischargeable. - Some taxes may be dischargeable. However, bankruptcy law regarding taxes is very complicated. If you owe taxes you will need legal representation by a Jacksonville Bankruptcy Attorney.
4. Fines & Penalties owed to governmental units. - For example, parking tickets and court ordered restitution.
5. Debts incurred through drunk driving.
Debts that MAY be Non-dischargeable:
1. Debts incurred through fraud or false financial statements. - For example, lying about your income on a loan application.
2. Debts for willful and malicious injury to another or to property.
3. Property settlements.
If you have questions about filing for bankruptcy in Jacksonville or the surrounding areas then contact a Florida Bankruptcy and Foreclosure Attorney.
Greg Gilbert
Keith Maynard
