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Which debts are discharged in Ch7 bankruptcy?

Phoenix, AZ |

Are all debts that are listed when filing Ch7 bankruptcy considered to be included in the discharge so long as no creditors challenged the discharge to have their debt excluded, or are some debts automatically excluded without an adversarial proceeding? We want to know if a civil court judgment was discharged in order to know whether to dismiss the appeal of that case.

Attorney Answers 4

Posted

Some debts are automatically excluded from discharge. Some examples are certain taxes, student loans, government fines and penalties, criminal resititution, and domestic support obligations. Whether or not a civil court judgment was discharged or not depends on what the judgment was for. Was it for something incurred before the case was filed? Was it for anything I mentioned above? You should consult with a local bankruptcy attorney for a specific answer. Good luck.

Alon

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Posted

Two other categories which attorney Nager left out are judgments for punitive damages and judgments for injuries caused by criminal acts like drunk driving. You don't mention what kind of judgment you have on appeal which is the subject of your question. If it is not one of the kinds that Attorney Nager or I mentioned, then the filing of a Suggestion of Bankruptcy in the case will stop any further proceeding.

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Posted

Well Said.

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Posted

There are actually more debts that are not subject to discharge if challenged. Fraud is the most used challenge to a debt's dischargeability.

I've attached a link to all of the Section 523 exceptions to discharge. I think it's pretty clear as to whether one of the exceptions may apply - it is not nearly as clear as to whether that exception will actually lead to a denial of discharge upon such debt.

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