What debts can Not be Included in a Chapter 7 Bankrutpcy

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As previously stated, the majority of all debts can be included in a bankruptcy. However, there are a few specific debts that cannot be included in a bankruptcy. Once you know what debts cannot be included and the reason why they cannot be included, you’ll begin to better understand the protections and benefits that the bankruptcy code offers all of us. The following is a list and explanation of why these particular debts cannot be bankrupted in a chapter 7 bankruptcy:

Child Support – It should be obvious why you cannot include child support obligations in a chapter 7 bankruptcy. If you are a parent, you are responsible to care for your children physical, emotionally, mentally and financially. Child support orders come from district court judges. A bankruptcy judge is not going to supersede an existing child support order issued from a district court judge.
Alimony – Again, a bankruptcy judge is not going to supersede an existing spousal support order issued from a district court judge. Keep in mind that a divorce decree, and all orders found within it, will supersede or take precedence over a bankruptcy. In other words, what you are ordered to do in the divorce decree will not be eliminate by filing bankruptcy. This is a great reason to consult a qualified bankruptcy attorney before filing for divorce!
Taxes –Most state and federal tax debt incurred within the past 3 years cannot be bankrupted. Think about it, the federal government wrote the bankruptcy code, of course they are not going to let you bankrupt them under their own code!
Student Loans – Unfortunately for a lot of us, the government rewrote the bankruptcy code a few years ago eliminating the ability to include student loans in a chapter 7 bankruptcy. If you have incurred student loans you cannot include them in a chapter 7 bankruptcy and will most likely have to pay them back.
Criminal Fines and Fees – If you were charged with a crime and ordered to pay the court or a victim fines, fees or restitution, you cannot bankrupt those obligations and must pay them. A lot of people who have been charged with a crime are offered “plea deals” or “plea bargains.” A lot of plea deals require that the defendant pay fees, fines and/or restitution in lieu of spending time in jail and/or prison. Because the court agrees to take fee, fines and/or restitution in lieu of jail time, a defendant in a criminal matter that later files bankruptcy must pay what he has agreed to.
Other miscellaneous debts – There are a few other uncommon debts that cannot be bankrupted. Before filing bankruptcy be sure to consult with your attorney about these other miscellaneous debts that cannot be included in a chapter 7 bankruptcy.

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