What debts are unaffected by bankruptcy?

Debts not discharged: there are certain debts that will not be extinguished when you receive your bankruptcy discharge. The most common ones are as follows:

  • Fines or penalties in respect of an offense – the most common examples are traffic tickets such as speeding or parking tickets
  • An award made against you in civil court for bodily harm intentionally inflicted or sexual assault, or death resulting therefrom. For example, if you got into a bar fight and the other party successfully sued and obtained a judgment against you for the harm he incurred from you, that debt will not be extinguished in your bankruptcy proceedings
  • Any obligations to pay alimony, spousal support or child support
  • Any debt arising from fraud, embezzlement or misappropriation while acting in a fiduciary capacity. For example, if you were the executor of your late brother’s estate and you took money from his estate for your own use, the obligation to repay it will not be discharged in your bankruptcy proceedings.
  • Any debt resulting from obtaining property by fraudulent misrepresentation. For example, if you applied for a credit card using false information about your income, assets, etc., then the debt you incurred on that card will not be discharged in your bankruptcy proceedings
  • Government student loans, unless you’ve last attended school more than 7 years ago
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