Can All Debts Be Discharged in Bankruptcy?


Wondering if all of your debts will be wiped out during bankruptcy? Leonard Sominsky explains that there are certain types of debt that cannot be discharged—including things like child support arrears, criminal restitution, debts incurred through fraud and student loans.

Can all types of debts be discharged in bankruptcy? The answer is no. There are certain debts that you cannot discharge with bankruptcy:

  • Child support
  • Criminal restitution
  • Fraud

These things tend to survive bankruptcy, such as student loans. There are exceptions for undue hardship, but it's very, very hard to prove hardship for student loans. Taxes, the last three years of taxes, the latest three years of taxes, cannot be wiped out with bankruptcy, but older taxes can be, as long as you filed them more than two years ago.

These are the general exceptions to the discharge, but there are others. If your situation warrants it, we can definitely take a look at that.

For a complete listing, you really ought to call my office. We can discuss your particular situation.