Home>In a Chapter 13 bankruptcy, what obligations aren’t discharged?

In a Chapter 13 bankruptcy, what obligations aren’t discharged?

June 29, 2022

By Diane Drain Attorney & Retired Law Professor

Recognize that the law in this area is always changing. Depending on your circumstances, the debts listed here may or may not be discharged. Furthermore, a chapter 13 bankruptcy will discharge some debts that would not be discharged in a chapter 7 bankruptcy.

In most cases, if your bankruptcy discharge is granted, all of your debts will be discharged, with the exception of the following list, which is simply an outline of the majority of debts that are not discharged by operation of law or by a court order:

  1. Certain taxes, including trust fund taxes. But these are normally paid as part of the chapter 13 plan.
  2. If the bankruptcy court so rules, debts for obtaining money, property, services, or an extension, renewal, or refinancing of credit by means of false pretenses, fraud, or a false financial statement used with intent to deceive.
  3. Debts not listed in the bankruptcy papers, unless the creditor had knowledge of the case in time to file a claim.
  4. Debts for domestic support obligations (alimony, maintenance or support).
  5. Interest on non-dischargeable debts.
  6. If the bankruptcy court so rules, debts for intentional injury.
  7. Debts for certain fines and penalties payable to governmental units.
  8. Debts for student loans, unless not discharging the debt would impose an severe undue hardship. This undue hardship must be properly plead to the Court and the judge will decide based on your unique situation. This is a very difficult burden for the debtor to prove.
  9. Debts that were or could have been listed in a prior bankruptcy case in which the debtor either waived their discharge or the discharge was denied.
  10. Debt for personal injury judgments against you resulting from car accidents in which the debtor was a drunk driver.
  11. Post-petition homeowner’s association fees (but this issue is disputed).
By |Published On: June 29th, 2022|Last Updated: July 28th, 2022|

Share this article

About the Author: Diane Drain

Diane L. Drain - Bankruptcy LawyerDiane is a well respected Arizona bankruptcy and foreclosure attorney. As a retired law professor, she believes in offering everyone, not just her clients, advice about bankruptcy and Arizona foreclosure laws. Diane is also a mentor to hundreds of Arizona attorneys.

*Important Note from Diane: Everything on this web site is offered for educational purposes only and not intended to provide legal advice, nor create an attorney client relationship between you, me, or the author of any article. Information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state. Make sure to check out their reviews.*

Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Google Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Yelp Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Avvo Reviews
Avvo - Rate your Lawyer. Get Free Legal Advice.
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Alignable Reviews
Law Office of D.L. Drain, P.A., Arizona Bankruptcy Lawyer - Better Business Bureau
5 / 5

“You folks are the BEST OF THE BEST in Arizona.” M.H.

You and Jay are the best attorneys I have ever had or needed and thank God for the Honorable Robert Gottsfield in recommending you folks – I would have never made it through the entire process without you and Jay and God Bless you both always and stay in touch as well. You folks are the BEST OF THE BEST in Arizona.

5 / 5

“My only regret is that I didn’t find Diane sooner.” K.H.

I can’t say enough good things about Diane. The way she handled my not typical circumstances was amazing. I was very nervous to start the bankruptcy process but Diane just has a very comforting way of explaining the whole process. My only regret is that I didn’t find Diane sooner. If you find yourself in a financial situation that you can’t correct on your own, please Call Diane Drain as soon as possible.

5 / 5

“Filing for bankruptcy can be a stressful life event” R.A.

Filing for bankruptcy can be a stressful life event, and selecting the right attorney can add to this stress. Diane and Jay were a pleasure to work with, and it is obvious that they are passionate about helping people get their life back on track. I would highly recommend them if you need a bankruptcy attorney.

RELATED POSTS

My intention is to put you back in control of your life
Start with $0 down*. We provide affordable payment plans.

FREE CONSULTATION