Non-dischargeable Debts in Bankruptcy in Ohio
There are some debts that are considered non-dischargeable in bankruptcy, regardless of whether Ch. 7 or Ch. 13 is filed. These debts are considered non-dischargeable by operation of law and will automatically survive bankruptcy. The list of non-dischargeable debts includes, but may not be limited, to the following debts:
- Debts for spousal or child support or alimony
- Debts owed to a former spouse or child if they arose out of a divorce or separation in Ch. 7 bankruptcy but these debts may be discharged in Ch. 13 bankruptcy
- Attorney fees in child custody and support cases
- Student loans
- Certain debts to government agencies for fines and penalties
- Certain taxes and tax liens
- Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle accidents while you were intoxicated
- Debts for certain condominium or cooperative housing fees (association dues)
- Criminal restitutions, court fines and penalties, and
- In asset Ch. 7 cases or Ch. 13 cases, debts that were not scheduled in the initial bankruptcy filings.
There are other types of debts that are not considered automatically excepted from discharge by operation of law. For these debts, creditors must file a non-dischargeability action in the bankruptcy court to receive a ruling that the debt is not dischargeable. These types of debts include:
- Certain credit card purchases for luxury goods
- Certain cash advances
- Debts for fraud while you were acting in a fiduciary capacity, or embezzlement or larceny
- Debts for willful and malicious injury; and,
- Debts obtained through fraud, false pretenses or false representation
If you are considering bankruptcy as an option,contact Columbus, Ohio lawyer, Mina Nami Khorrami, for a free initial consultation to discuss your case in more detail.
The within statements are general in nature and this information is not intended as a substitute for legal advice regarding your specific case, nor is an attorney-client relationship established between Mina Nami Khorrami, LLC and any person reading this information. Mina Nami Khorrami is an experienced bankruptcy and debt attorney based in Columbus, Ohio.