May I be Released from All My Debts in Bankruptcy?

What is a Bankruptcy Discharge?

Can I Be Denied a Discharge of My Debts?

The Discharge granted to the Debtor at the conclusion of a bankruptcy case is a release from most debt obligations.  However, some debts are "non-dischargeable," meaning the debtor may not be released from certain types of debts, including:

1. Child Support or Alimony;
   

2. Government insured student loans, absent a specific finding of undue hardship on the Debtor or the Debtor's dependents;
   

3. Certain types of taxes (generally, income taxes arising from returns due and filed within the last three tax years);
   

4. Criminal fines or penalties;
   

5. Debts owed to a creditor that the debtor fails to list in the bankruptcy, if the creditor did not have actual notice of the case;
   

6. Any other debt the court determines to be excepted from discharge, after prosecution of an adversary complaint by a creditor.
   

For details, see 11 U.S.C. § 523.

The Debtor may be denied a discharge of all debts for engaging in certain types of bad conduct, including intentionally concealing property of the bankruptcy estate, destroying documents, or fraud upon a creditor.  For details, see 11 U.S.C. § 727.

The Debtor is not eligible to receive a discharge if he/she/they had previously received a discharge in a Chapter 7 case filed less than six years prior.  The same rule applies in a Chapter 7 case if the Debtor previously filed (within six years) a Chapter 13 case and he/she/they did not pay 100% of allowed unsecured claims, or paid 70% or more of allowed unsecured claims but the court did not specifically find that the 70% effort was the debtor's best under all the facts and circumstances.  For details, see 11 U.S.C. § 727(a)(8), (9).

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