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What debts are dischargeable?

What debts are dischargeable?

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Generally, all debts listed on the petition are dischargeable. However, certain types of debt are not dischargeable. The non-dischargeable debts include, but are not limited to:

a. Certain taxes and fines;

b. Debts arising from certain fraudulent conduct;

c. Debts not listed in your bankruptcy petition;

d. Alimony, child maintenance or support, and certain other related debts arising out of a divorce decree or separation agreement;

e. Debts caused by the Debtor’s willful and malicious injury to another;

f. Government guaranteed student loans;

g. Debts caused by a death or personal injury related to your operation of a motor vehicle while intoxicated; and

h. Post-bankruptcy condominium or cooperative owner’s association fees.

How is a Debt Classified?

How is a Debt Classified?

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How is a debt classified as secured, unsecured, priority, or administrative?

A secured debt is a debt that is collateralized by property. A creditor whose debt is “secured” has a right to foreclose or take property to satisfy a “secured debt.” For example, a mortgage loan is likely “secured” by a Debtor’s home. This means that the lender has the right to foreclose upon and take the home if the Debtor fails to make the loan payments.

An unsecured debt arises when you promise to repay someone a sum of money at a particular time, but you have not pledged any property as collateral for the debt.

A priority debt is a debt entitled to priority in payment, ahead of other debts. Please refer to 11 U.S.C. §507 of the Bankruptcy Code for a listing of such priority claims.

An administrative debt is a category of priority debt. Generally, it is created when someone provides goods or services to your bankruptcy estate after you file your petition. An example of an administrative debt is the fee charged by an attorney or other authorized professional for services rendered after the bankruptcy case has been filed.