Not all debts can be discharged in a bankruptcy proceeding. If you owe taxes, those taxes cannot be discharged in a bankruptcy proceeding. Similarly, if the IRS has a lien on your property because of taxes that you owe to the IRS, those liens cannot be discharged via bankruptcy. Another type of debt that is not discharged through bankruptcy is student loans and other government loans.

Filing for bankruptcy will not discharge you from fulfilling your obligations under a court declared child support or child maintenance order or alimony payments. If there is a court order against you to pay certain individuals or businesses some amount owed, those amounts will not be discharged through bankruptcy. That is one reason why you should speak to your bankruptcy attorney before your debtors file their claims against you in court. Once those claims are filed before you file for bankruptcy, you cannot discharge any amount that the court will order you to pay to your creditors through a bankruptcy proceeding.

Debts incurred through a court order to pay damages for willful and malicious injury and judgments in wrongful death or personal injury cases arising from your intoxication will not be discharged via bankruptcy. Debts incurred through fraud cannot also be discharged in a bankruptcy proceeding. You cannot clear these non-dischargeable debts with your credit card and later file for bankruptcy. The bankruptcy court will find out and you may end up in trouble. Just speak to your bankruptcy attorney as soon as you are behind on your payments and you feel you cannot keep up with the payments. We recommend using a professional and experienced NYC bankruptcy attorney at the first sign of debt trouble.

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