In the last blog I mentioned that during your bankruptcy case there may be a litigation involving objections to a discharge, today I would like to address that issue. The debts which are dischargeable vary under the Bankruptcy Code. There are nineteen categories of debt that are not dischargeable under Chapter 7, Chapter 11, and Chapter 12. The list of exceptions applied to bankruptcy cases under Chapter 13 is less. Due to public policy motives, Congress has concluded that these types of debt are not dischargeable. Therefore you still must pay these debts after having filed bankruptcy.

The most common types of debts that are not dischargeable include the following:

• debts that you, as the debtor, have not added to the lists and schedules you must file with the court
• certain kinds of tax claims
• debts for alimony or child support
• debts for willful and malicious injuries to person or property
• debts to government agencies for fines and penalties
• debts for government funded or guaranteed educational loans
• debts for overpayments of benefits
• debts accrued as a result of personal injury caused by operating a motor vehicle while intoxicated
• debts owed to tax-advantaged retirement plans
• debts for some condominium or cooperative housing fees.

 Debts of the above type are usually automatically considered non-dischargeable. Whereas certain debts described in the Bankruptcy Code are not automatically considered non-dischargeable. Your creditors must ask the court to decide that these debts are exceptions to the discharge order. In the absence of such a request from the creditor these types of debts will be discharged.

Note that a slightly wider range of discharge of debts applies in a Chapter 13 bankruptcy case than in a Chapter 7 bankruptcy case. For example, debts dischargeable in Chapter 13 but not in Chapter 7 include: debts accrued for willful and malicious injury to property, debts to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

If you live in Denver, Aurora, Arvada, Brighton, Broomfield, Commerce City, Englewood, Highlands Ranch, Lakewood, Lafayette, Littleton, Northglenn, Westminster, Wheat Ridge, or Golden, Colorado, please feel free to contact me with any questions.

Kevin D. Heupel, Colorado Bankruptcy lawyer, 303-955-7570, Colorado Bankruptcy Help Email, personal bankruptcy free-consultation form.