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Non-Dischargeable Debts
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Certain Homeowners Association (HOA) Fees
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.
Debts for Willful and Malicious Injury
Debts from damages caused by intentional harm by the debtor are not dischargeable to deter malicious behavior.
Debts for Embezzlement or Larceny
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.
Debts for Fraud or False Pretenses
Non-dischargeable because allowing discharge could potentially reward dishonest behavior and undermine the integrity of the financial system.
Student Loans
Dischargeable only if the debtor can prove 'undue hardship,' which is a very difficult standard to meet under the Brunner test.
Fines and Penalties Owed to Government Agencies
Debts for fines or penalties to government entities are non-dischargeable because they are meant to punish the debtor for violations of the law.
Debts for Personal Injury Caused by DUI
Non-dischargeable due to public policy interests in penalizing irresponsible and dangerous behavior, i.e., driving under the influence.
Debts for Violation of Securities Laws
Securities law violations involve non-dischargeable debts to maintain the integrity and fairness of financial markets and to prevent exploitation.
Debts Not Listed in the Bankruptcy Filings
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.
Certain Court Fines and Penalties
Because these debts are punitive rather than compensatory, they are preserved to maintain the authority and function of the judicial system.
Certain Tax Debts
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.
Alimony and Child Support
These types of debts are considered domestic support obligations, which have priority over other debts due to their nature in providing for dependents.
Debts from Tax-advantaged Retirement Plans
Loans from certain types of retirement accounts are non-dischargeable to protect retirement savings and ensure long-term financial security.
Certain Condominium or Cooperative Housing Fees
Fees or assessments that become due after the bankruptcy filing date remain non-dischargeable to ensure the financial stability of the housing communities.
Attorney Fees for Child Custody and Support
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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