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Chapter 7 Bankruptcy Exceptions
There are some conditions that exclude Chapter 7 filings.
These sorts of debts are not generally dischargeable in Chapter 7
bankruptcy:
* Certain taxes and debts incurred to pay certain taxes.
* Creditors not listed in the bankruptcy case or not otherwise
notified about the case (unless-under some case law-the case is a
"no-asset case").
* Debts for fraud or defalcation while acting in a fiduciary
capacity, embezzlement, or larceny, debts to spouse, former spouse,
or child for alimony, maintenance, or support and obligations of a
similar nature.
* Damages for willful and malicious injury to another or another's
property.
* Certain governmental fines and penalties.
* Certain student loans and obligations to repay educational
benefits or overpayments.
* Certain debts arising from driving while intoxicated.
* Debts for money, property, services, or for credit obtained by
false pretenses, false representation, or actual fraud (This
includes credit card charges, cash advance, etc. made without the
intent to repay). The law presumes charges of more than $l,000.00
for "luxury goods" to one creditor within 60 days of the bankruptcy
filing or cash advance totaling more than $l,000.00 within 60 days
of the bankruptcy filing to be within this nondischargeability rule.
* Debts for money, property, services, or for credit obtained by use
of a written statement that was materially false concerning your
financial condition if the creditor reasonably relied on it that was
used with the intent to deceive.
* Certain military enlistment bonuses if bankruptcy discharge is
less than 5 years after the termination of an enlistment for which
an enlistment bonus was paid if the person voluntarily or because of
misconduct did not complete the term of enlistment for which the
bonus was paid. Other military special pay and accession bonuses are
not dischargeable (certain special pay and accession bonuses for
pharmacy officers, certain retention bonuses for members of the
Armed Forces qualified in critical military skill, and certain debts
related to the Information Security Scholarship Program).
Local:
(530)
945-2540
Talk about your debt relief options with an experienced lawyer. Call
the Law Offices of Robert Lee Hamilton in Redding, California, at
the phone number listed above. You can also contact us by e-mail and
someone from our office will get in touch with you shortly.
Serving Redding, Chico and other Shasta County Area Communities. |
