Philadelphia Bankruptcy Attorney Discusses Non-Dischargeable Debts
Some debts are non-dischargeable in bankruptcy court. A Philadelphia bankruptcy attorney can walk you through the various pitfalls and benefits of bankruptcy. Your attorney can prevent you from filing for bankruptcy and learning that your particular debt is non-dischargeable.
Seven of the Most Common Non-dischargeable Debts
Individual tax claims are usually exempt from discharge in bankruptcy. For example, payroll taxes and recent income taxes are almost always non-dischargeable in bankruptcy. Furthermore, most recent state and local taxes are exempt. However, there are exceptions, and some taxes can be discharged. Also, tax debt is not the same as interest and penalties, which are treated differently, and may be discharged.
Debts not included in schedules submitted to the court
When you file for bankruptcy, you must account for all of your assets and liabilities. Assets are all of the things that you own, and liabilities are all of your debts. In the event you fail to list a liability then, it is not part of the bankruptcy proceeding and you may be unable to eliminate it. As always, there are exceptions, but better to be safe and list every debt. A Philadelphia bankruptcy attorney is valuable in ensuring that you account for all potential issues.
Child and spousal support
These debts are non-dischargeable in bankruptcy court as a matter of policy and law. No matter how far behind you get on your payments, the amount owed can never be discharged in bankruptcy. Your only option is to negotiate to reduce the amount.
Lawsuits related to intentional or willful injuries to people or property
Some lawsuits are dischargeable, however, you will be unable to discharge any that are related to intentional harm. All states have adopted rules that prohibit people from avoiding the consequences of their intentional actions by filing for bankruptcy.
Intentional actions depend on the subject of the suit but primarily it relates to assaults, batteries, and other classic willful acts against other people or property.
Fines and penalties owed to the government
Fines and penalties include a wide variety of potential actions including speeding tickets and zoning violations and many are non-dischargeable. You may want to speak to a Philadelphia bankruptcy attorney from Alfred Abel Law Offices if you are curious about the precise status of your particular fine.
Education loans guaranteed by the government
Idiosyncratically, with very few exceptions, student loan debts are non-dischargeable debts. Students receive many benefits from these loans, including expanded forbearance, deferment, and favorable repayment policies; however, education loans follow their debtors until they pass away, pay them off, or the debts are forgiven.
Lawsuits related to DWIs
Finally, most states have adopted rules that prohibit discharge of judgments related to injuries incurred by a DWI. Similar to the intentional injury exemption, most state governments are strict with regard to DWI offenders and refuse to allow escape of punishment by way of bankruptcy.
Alfred Abel Law Offices Will Help you Determine If Bankruptcy is the Right Course
Contact Alfred Abel Law Offices today to speak to a Philadelphia bankruptcy attorney about resolving your financial and legal issues.