Exceptions from Chapter 7 Discharge

Debts not generally dischargeable in chapter 7 bankruptcy include the following:

  1. certain taxes and debts incurred to pay certain taxes
  2. creditors not listed in the bankruptcy case or not otherwise notified about the case (unless-under some case law-the case is a "no-asset case")
  3. debts for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny,
  4. debts to spouse, former spouse, or child for alimony, maintenance, or support and obligations of a similar nature
  5. damages for willful and malicious injury to another or another's property.
  6. certain governmental fines and penalties
  7. certain student loans and obligations to repay educational benefits or overpayments
  8. certain debts arising from driving while intoxicated.
  9. debts for money, property, services, or for credit obtained by false pretenses, false representation, or actual fraud (This includes credit card charges, cash advance, etc. made without the intent to repay). The law presumes charges of more than $l,000.00 for "luxury goods" to one creditor within 60 days of the bankruptcy filing or cash advance totaling more than $l,000.00 within 60 days of the bankruptcy filing to be within this nondischargeability rule
  10. debts for money, property, services, or for credit obtained by use of a written statement that was materially false concerning your financial condition if the creditor reasonably relied on it that was used with the intent to deceive
  11. certain military enlistment bonuses if bankruptcy discharge is less than 5 years after the termination of an enlistment for which an enlistment bonus was paid if the person voluntarily or because of misconduct did not complete the term of enlistment for which the bonus was paid. Other military special pay and accession bonuses are not dischargeable (certain special pay and accession bonuses for pharmacy officers, certain retention bonuses for members of the Armed Forces qualifed in critical military skill, and certain debts related to the Information Security Scholarship Program). PL 106-398, 2000 H.R. 4205.