Law Offices of David P. Leibowitz LLC
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The main reason to file a bankruptcy case is to discharge, eliminate and wipe out debt. And of course, as we have explained in previous posts, in bankruptcy, an honest debtor can get a fresh start through the discharge in bankruptcy.
However, in bankruptcy, some debts are not dischargeable. The reason for this can be found in Section 523(a) of the Bankruptcy Code.
Some debts are never discharged in bankruptcy. A creditor doesn’t have to do anything for these debts to remain valid after bankruptcy. Here are some examples of non-dischargeable debt:
In addition to these problems, a debtor could be sued in a complaint to determine dischargeability of debt during the course of a bankruptcy case. Debts for these types of claims are discharged in bankruptcy unless the creditor timely files and thereafter wins a lawsuit during the course of the debtor’s bankruptcy case. The normal attorneys’ fee for the bankruptcy case will most certainly not cover the cost of defense. A creditor can file a lawsuit to force the debtor to pay these kind of debts:
You should discuss any of these situations with your bankruptcy attorney. Some of these debts might be dischargeable in chapter 11 or chapter 13. Other remedies might be possible to help you address the problems you face from otherwise non-dischargeable debt.
Lakelaw represents people in bankruptcy. Not only do we defend people against claims that their debts are not dischargeable, we also pursue claims asserting that debts might be nondischargeable.
For help with potentially nondischargeable debt, call Lakelaw now at 1 866 LAKELAW (1-866-525-5359).