What Debts are not discharged in bankruptcy?
Certain debts are not discharged and you should be aware of these. These debts may include:
§ Any creditor who was not properly scheduled with the correct address and did not get notice of the bankruptcy;
§ Student loans;
§ Injuries caused while driving while intoxicated;
§ Most child support and alimony payments and marital property divisions(if you promised to take some credit card debts in the decree, then your ex-spouse will have a claim against you after the bankruptcy even if you discharge the creditor);
§ All business payroll taxes and most income taxes and sales taxes; and § Debts to a creditor who can prove that you defrauded it in obtaining credit or an extension of credit. Debts to a credit card for recent cash advances or luxury purchases are examples. There is a presumption that you intended to defraud the creditor (you knew or should have known that you couldn't pay the money to the creditor when you charged) if the charges are within 90 days of the date of the filing of the petition;
Also, if you fraudulently hide assets from the trustee or creditors or filed false papers with the court, you may not get a discharge. In addition, you may subject yourself to criminal prosecution. Any other pending Criminal actions including hot checks, traffic violations or DUI are not stopped or discharged by filing bankruptcy. If anyone during your case threatens criminal prosecution immediately seek criminal representation as I do not practice criminal law nor will I give you advice regarding criminal matters.
