Dischargeability Issues

Objections to Discharge & Nondischargeable Debts in Bankruptcy

While most unsecured debts are discharged in bankruptcy, certain kinds of indebtedness are specifically excepted from discharge under Section 523 of the Bankruptcy Code. Some of these debts are categorically exempt from discharge. Other debt, which would normally be dischargeable debt, may become nondischargeable if the creditor files an objection to discharge with the Bankruptcy Court within 60 days of the first meeting of creditors. For a careful analysis of the risk that any of your debts might not be discharged in bankruptcy, contact bankruptcy lawyer Gary Greule for a free initial consultation about your specific concerns.

Although the list of nondischargeable debts is a lengthy one, there are some examples of debts that are not automatically discharged:

  • Student loans
  • Taxes less than three years old or for which returns were never filed by the debtor
  • Child support or alimony obligations
  • Damages for injuries or death resulting from driving under the influence by the debtor
  • Criminal fines and penalties

In cases where the availability of dischargeable debt will be a factor in the decision to file for bankruptcy, we can provide for their payment in a Chapter 13 plan and stop collection attempts or garnishments. With respect to tax debts or credit card debts, we can usually reduce or eliminate penalties and interest.

If a bankruptcy trustee believes that the debtor has engaged in bankruptcy fraud by failing to disclose assets or through hidden transfers of valuable property from the bankruptcy estate, the trustee might file an objection to the debtor's overall discharge. If the trustee's objection prevails, none of the indebtedness will be discharged.

For more information about the effect of nondischargeable debts on your bankruptcy situation, contact Sacramento bankruptcy attorney Gary Greule for a free consultation.

We are a debt relief agency. We help people file for relief under the United States Bankruptcy Code.

Sacramento bankruptcy attorney Gary Greule represents consumer and business clients in Chapter 7 and Chapter 13 bankruptcy cases filed in the United States Bankruptcy Court for the Eastern District of California. Bankruptcy lawyer Gary Greule serves clients in Sacramento County, Placer County, El Dorado County, Sacramento, Citrus Heights, Fair Oaks, Folsom, Rancho Cordova, North Highlands, Rocklin, Carmichael, Orangevale, Antelope, and Roseville, CA.


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