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.