Does a bankruptcy discharge eliminate all debts?
The rules on which debts are discharged, or eliminated, are different depending on which type of bankruptcy is filed. A Chapter 13 discharge affects only those debts provided for by the plan. Additional exceptions to a Chapter 13 discharge include claims for spousal and child support; educational loans; drunk driving liabilities; criminal fines and restitution obligations; and certain long-term obligations, such as home mortgages, that extend beyond the term of the plan.
The rules on which debts are discharged, or eliminated, are different depending on which type of bankruptcy is filed. A Chapter 13 discharge affects only those debts provided for by the plan. Additional exceptions to a Chapter 13 discharge include claims for spousal and child support; educational loans; drunk driving liabilities; criminal fines and restitution obligations; and certain long-term obligations, such as home mortgages, that extend beyond the term of the plan. In a Chapter 7 proceeding, the following debts are not discharged: • Debts or creditors not listed on the schedules filed at the outset of the case; • Most student loans, unless repayment would cause the debtor and his or her dependents undue hardship; • Recent federal, state, and local taxes; • Child support and spousal maintenance (alimony); • Government-imposed restitution, fines, or penalties; • Court fees; • Debts resulting from driving while intoxicated; and • Debts not dischargeable in a previous bankruptcy beca
