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Non-Dischargeable Debts

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Certain Homeowners Association (HOA) Fees

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Like certain condominium fees, these are non-dischargeable to the extent they accrue after the bankruptcy filing date, to ensure the HOA can maintain the property.

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Debts for Willful and Malicious Injury

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Debts from damages caused by intentional harm by the debtor are not dischargeable to deter malicious behavior.

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Debts for Embezzlement or Larceny

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Debts incurred as a result of illegal appropriation of property by the debtor are not dischargeable as a way to ensure that crime does not pay.

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Debts for Fraud or False Pretenses

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Non-dischargeable because allowing discharge could potentially reward dishonest behavior and undermine the integrity of the financial system.

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Student Loans

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Dischargeable only if the debtor can prove 'undue hardship,' which is a very difficult standard to meet under the Brunner test.

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Fines and Penalties Owed to Government Agencies

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Debts for fines or penalties to government entities are non-dischargeable because they are meant to punish the debtor for violations of the law.

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Debts for Personal Injury Caused by DUI

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Non-dischargeable due to public policy interests in penalizing irresponsible and dangerous behavior, i.e., driving under the influence.

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Debts for Violation of Securities Laws

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Securities law violations involve non-dischargeable debts to maintain the integrity and fairness of financial markets and to prevent exploitation.

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Debts Not Listed in the Bankruptcy Filings

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If a debt is not listed in the bankruptcy petition and the creditor was not aware of the proceeding, the debt may not be discharged to protect creditors’ rights.

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Certain Court Fines and Penalties

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Because these debts are punitive rather than compensatory, they are preserved to maintain the authority and function of the judicial system.

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Certain Tax Debts

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Recent income tax debts and other kinds of taxes are non-dischargeable because they are obligations owed to the government and are given special status.

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Alimony and Child Support

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These types of debts are considered domestic support obligations, which have priority over other debts due to their nature in providing for dependents.

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Debts from Tax-advantaged Retirement Plans

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Loans from certain types of retirement accounts are non-dischargeable to protect retirement savings and ensure long-term financial security.

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Certain Condominium or Cooperative Housing Fees

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Fees or assessments that become due after the bankruptcy filing date remain non-dischargeable to ensure the financial stability of the housing communities.

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Attorney Fees for Child Custody and Support

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Non-dischargeable as these fees are tied to the debtor's domestic support obligations and ensuring the welfare of the children involved.

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