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Non-Dischargeable Debts in an Illinois Bankruptcy Case

Posted on in Bankruptcy

Bankruptcy can help most Cook County residents who have fallen on hard times financially because of unexpected and excessive medical bills or loss of income due to sudden unemployment. However, some debts cannot be eliminated through bankruptcy and must be paid regardless of the circumstances affecting the individual needing relief from crushing bills. Referred to as “non-dischargeable debts”, these debts include any child support or alimony arrearages, home mortgages, certain taxes, financial aid loans, debts incurred due to damages caused by driving under the influence of drugs and/or alcohol and debts for any criminal fines.

Other non-dischargeable debts may also be applied to someone filing for Chapter 7 or 11 bankruptcies. In addition, courts have the power to revoke debts that are considered dischargeable under specific conditions. An example of this condition could involve a creditor who asks the bankruptcy court to revoke a person's discharge by alleging that the debtor engaged in fraudulent activities regarding the discharge. A creditor may also report to the court that the individual filing bankruptcy committed “acts of impropriety”, which are described in section 727(a) (6) of the Bankruptcy Code. If such allegations are made, the judge overseeing the bankruptcy case will decided whether such accusations are warranted and either uphold the request or allow the debt to be discharged.

In rare cases involving extreme hardship, student loans may be discharged in a bankruptcy. Some taxes may also be discharged, depending on how old they are and circumstances surrounding the delinquency. However, intentional torts, or money owed to a person or company due to a malicious and willful act is considered a non-dischargeable debt. Intentional torts include assaults, batteries, false imprisonment and defamation of character. Another non-dischargeable debt might be any debts acquired through credit card use within 90 days of filing bankruptcy.

Only an experienced Cook County bankruptcy attorney can untangle the legal complexities of bankruptcy cases involving non-dischargeable debts. To find out how much debt a bankruptcy can eliminate from your financial situation, contact a Cook County lawyer for sound and expert advice regarding your particular bankruptcy case.

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