Frequently Asked Questions 

Q. What debts cannot be discharged in bankruptcy?

A. In general:Liens, such as mortgages and security interests in cars are non-dischargeable as are some other types of obligations including: Federal, State and local tax claims (subject to specific time rules); Customs duties; Spousal and Child support; Most student loans; Secured debts; Fines and penalties imposed by government agencies; Debts incurred due to false statements made with the intent to deceive; Fraud committed in a fiduciary capacity, such as embezzlement or larceny; Punitive damage claims for "willful and malicious" acts; Debts not list on the forms filed with the Court; and Drunk driving obligations.

A non-dischargeable debt is one that will survive the bankruptcy proceeding. The debtor still has the obligation to pay this debt; the creditor has every right to collect.

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