Certain types of debts are NOT discharged in bankruptcy. The following debts are among the debts that generally may not be canceled by bankruptcy:

  • Alimony, maintenance or support for a spouse or children.

Bankruptcy will not discharge court ordered child or spousal support payments. These debts, including any missed payments are not dischargeable through bankruptcy.

  • Student loans.

Typically, student loans are not dischargeable. However, you can ask the court to discharge the loans if you can prove that paying them is an “undue hardship.”

  • Money borrowed by fraud or false pretenses.

A creditor may try to prove in court during your bankruptcy case that you lied or defrauded them, so that your debt cannot be discharged.

  • Income taxes.

Taxes owed to the Internal Revenue Service and in California, the Franchise Tax Board, are generally not discharged in bankruptcy unless the taxes meet specific requirements.

  • Most criminal fines, penalties and restitution orders.

The exception includes tickets fines.

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