Chapter 7 Bankruptcy - Discharge of Debt

04/09/14

(305) 891-4055 - Over 25 Years of Experience - Over 8,000 Cases Filed - 1221 Brickell Ave., 9th Fl., Miami, Florida - Jordan E. Bublick - www.bublicklaw.com

You will normally receive your Chapter 7Discharge Order about 3 to 4 months after the creditor's meeting. This Order renders unenforceable all debts other than those specifically excepted by law.  It also enjoins creditors from attempt to collect on debts that are discharged.

Exceptions from Discharge

In general, items not dischargeable in bankruptcy include the following:

  • Student loans and educational benefit overpayments if they are made, insured, or guaranteed by the government or funded under a program funded in whole or in part by the government or a nonprofit institution unless you can show an "undue hardship".  The same rule applies to obligations to repay funds received as an educational benefit, scholarship, or stipend.
  • Certain taxes and debts incurred to pay certain taxesCreditors not listed in the bankruptcy case or not otherwise notified about the 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
  • Debts arising from drunk driving
  • 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).  
  • 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

  

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