Dischargeable debts are those debts that can be discharged through bankruptcy proceedings. A debtor is no longer personally liable to pay for dischargeable debts after the bankruptcy proceedings are concluded.
The following debts are dischargeable:
* back rent
* utility bills
* some court judgments
* most credit and charge card bills
* department store and gasoline company bills
* loans from family and friends
* newspaper and magazine subscriptions
* legal, medical, and accounting bills
* most unsecured loans
* repossession deficiencies
* auto accident claims
* business debts
* negligence claims
* tax penalties over three years old
* income taxes that are not priority taxes
Dischargeable Debts Unless Objected to by Creditor
The following four categories of debts are dischargeable unless a creditor objects to dischargeability:
* debts incurred on the basis of fraudulent acts
* debts from willful or malicious injury to another or another’s property, including assault, battery, false imprisonment, libel, and slander
* debts from larceny, breach of trust or embezzlement
* debts arising out of a marital settlement agreement or divorce decree that are not otherwise automatically nondischargeable as support or alimony.
The court will enter an order granting a “discharge” of all dischargeable debts that existed on the date the case was filed if creditors have not filed a suit to stop a debtor from getting out from under debts within 60 days of the Section 341 meeting of creditors. It is possible to obtain a discharge even while there are pending disputes as to whether specific debts should be paid. Whether the debt that is the subject of a dispute will be discharged or not depends on the outcome of a hearing.
Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.