In 2005, Congress amended the Bankruptcy Code to make private student loans
nondischargeable in bankruptcy absent «undue hardship» — the same standard that applies to federal student loans.
The Court concludes that § 523 (a)(8)(A)(ii) created a new category
of nondischargeable debts specifically tailored to address a perceived need.
Domestic support obligations (child support, maintenance, etc.), student loans, some taxes, and debts for money obtained by fraud are the more
common nondischargeable debts.
Debts that the court declares
as nondischargeable because of protest from the creditorâs end (debts incurred by fraud or other scams).
Both types involve a reorganization of debt payments, but some debts that are
nondischargeable for an individual might be more flexible for a city government.
According to Fed research, Powell noted,
nondischargeable student loan debt has long - term negative effects on the path of borrowers» economic life.
According to Jeffrey A. Landers, a certified divorce financial advisor and best - selling author of DIVORCE: Think Financially, Not Emotionally ®, «Adding the amount of lease / auto payments to alimony is a smart way to ensure those payments will be made because alimony payments are almost
always nondischargeable in bankruptcy.»
In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made all educational loans, public and private,
nondischargeable absent a showing of undue hardship (an impossible standard to meet as interpreted by courts across the country).
Priority debts include various things, but some of the ones that are common are child support arrears and
nondischargeable tax debts.
Regardless of the executive order and various DOE payment plans, student loans
remain nondischargeable in bankruptcy except in cases of «undue hardship.»
Under current U.S. bankruptcy law, all student loans are
nondischargeable unless the debtor can establish «undue hardship» under a test that requires proof (among other things) that the debtor will not be able to repay the loan in the future — i.e., permanent disability — a very tough standard.
In divorce settlements, bankruptcy law reforms make non-support obligations — property division — from a
divorce nondischargeable in a Chapter 7 bankruptcy case.
Student loan debt, both public and private, is also included on the list of
nondischargeable debts, 11 U.S.C. § 523 (a)(8), although the rationale for its nondischargeability may not be as clear.
If such were the case, would not a loan for a car used by a commuter student to travel to and from school every day be
nondischargeable under § 523 (a)(8)(A)(ii)?
In other words, these debts are
nondischargeable and will survive the bankruptcy.
Some debts are
nondischargeable.
Your bankruptcy attorney can advise you as to which of your specific debts are dischargeable and which are
nondischargeable.
This depends if the debt qualifies under dischargeable and
nondischargeable debts.
They call
this nondischargeable debt and includes child support and other domestic support as well as taxes that are past due.
Student loans — both federal and private — are, along with taxes and child support,
nondischargeable, meaning that not even bankruptcy can get rid of the debt [source: Dugas].
The hardship discharge does not apply to any debts that are
nondischargeable in a chapter 7 case.
The magnitude of this problem is, in fact, rather large and has led billions of dollars of student loan debt to be misclassified as
nondischargeable.»
Given the high deterrent effect of the undue hardship standard, it is, therefore, imperative that courts accurately determine which educational debts are
nondischargeable.
Section 523 (a)(2) tells us that a debt incurred fraudulently is
nondischargeable and will still be owed after the bankruptcy case is closed.
Generally speaking, the following debts will not be discharged: taxes; spousal and child support; debts arising out of willful misconduct and / or malicious misconduct by the debtor; liability for injury or death from driving while intoxicated;
nondischargeable debts from a prior bankruptcy; student loans; criminal fines and penalties and forfeitures.
While all of the debts listed below are
nondischargeable in a Chapter 7, the debts listed in bold type may be dischargeable in a Chapter 13 (see § 1328 (a)-RRB-.
Dischargeable debts,
nondischargeable debts — what about avoiding bankruptcy altogether?
While many taxes are
nondischargeable, some taxes may be discharged in a bankruptcy.
Some debts, determined by the US Congress, are
nondischargeable.
Think about
the nondischargeable nature of your future debt load, your shrinking job prospects, and the structural improvements that the legal education model and job market must undergo before the degree is statistically likely to be worth your investment again.
Confirmation binds all affected parties to the terms of the plan, though certain debts may be
nondischargeable and survive after the plan payments are completed.
Next, the court considered whether the salesperson's violation of his fiduciary obligations created
a nondischargeable debt.
Abdel - Hak filed a complaint with the bankruptcy court, arguing that Saad owed
him nondischargeable damages for his actions in the sale of the convent.
Phrases with «nondischargeable»