Portland Bankruptcy Attorney

Bankruptcy Lawyer Portland Or

Portland Bankruptcy Attorney
CALL 503-380-7822
email-iconmap-marker
  • Home
  • Bankruptcy
    • Personal Bankruptcy
    • Business Bankruptcy
    • Zero Down Bankruptcy
    • Foreclosure
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
  • Estate Planning
  • About
  • Contact

Debts Not Discharged in Bankruptcy

April 11, 2016 by Chris Kane

Most debts can be discharged—permanently eliminated—in bankruptcy. There are important exceptions.

 

The vast majority of debts are “discharged”—legally written off—when you file a “straight bankruptcy” Chapter 7 case.

All Debts Discharged Unless Fits an Exception

Bankruptcy law strongly states that as long as you go through the process appropriately your debts will be discharged. That includes all debts unless you have any debts that are on a limited list of the kinds of debts that are not discharged.

Debts that MAY not be Discharged vs. WILL not be Discharged

These exceptions to discharge are of two categories: 1) debts which MAY not be discharged if the creditor objects and succeeds in that objection, and 2) debts which WILL not discharged even without any objection raised by the creditor.

Creditor Must Object to Stop Discharge

In the first category, creditors can challenge your ability to discharge three kinds of debt. These debts are still discharged unless the discharge is challenged and the creditor persuades the bankruptcy court that the debt should not be discharged:

  • Debts that incurred when a debtor makes a misrepresentation or committed fraud in order to get a loan or credit. This misrepresentation or fraud includes an intentional falsehood on a loan application, cash advances or use of a credit card when the debtor had no intention of paying back that credit, or any other method of deceitfully incurring a debt. 
  • Debts resulting from the debtor’s theft or embezzlement, and from fraud against a person to whom he or she owed loyalty in a trust relationship. These include stealing from an employer, cheating a business partner, and using duress to pressure an elderly relative to change his or her will in the debtor’s favor. 
  • Obligations resulting from intentionally and maliciously harming a person or business, or his or its property. This includes bodily injuries and property damage caused intentionally, such as during a domestic disturbance or bar fight. It might include injuries caused recklessly as well as intentionally.

The person or business to whom a debtor owes any of these three kinds of debts must file a formal “adversary proceeding”—a type of limited lawsuit—in the bankruptcy court, usually within 60 days of your meeting of creditors. Otherwise that debt is discharged forever along with the rest of the debts.

Debt Not Discharged Even Without Objection

In this second category, creditors do not need to object (and virtually never do) for the following types of debts, which are still not discharged:

  • Criminal fines, fees, and restitution
  • Income taxes, and other forms of taxes, IF they meet certain conditions
  • Child support, spousal support and maintenance
  • Most, but not all, student loans
  • Claims for bodily injury or death from driving a vehicle, boat, or aircraft while intoxicated
  • Debts not listed in your bankruptcy schedules, under certain conditions

 

Filed Under: Discharge of Debts Tagged With: Chapter 7, child and spousal support, debts, discharge of debts in Portland, discharge of taxes, fraud, Northeast Portland bankruptcy lawyer, objections by creditors in Northeast Portland

Welcome to the Portland Bankruptcy Law Blog

I'd like to help you overcome your financial problems. One good way to start is to provide you with accurate and timely information about the bankruptcy laws. I do that here through informative blog posts, with a new one published here every week. I've been doing this for years so there is a wealth of information for you here.

But please be aware that since you are unique person you need a highly personalized solution to your challenges. That requires the analysis and advice of a conscientious and highly experienced attorney. That's really the only sensible way to get the benefit of the many powerful and effective remedies that the law provides.

So I hope the information provided here is helpful to you. Please contact me for guidance to a much better place:

503-380-7822

Recent Posts

  • No link found between bankruptcy and employment prospects
  • Creditor found in violation of automatic bankruptcy stay
  • What are the short- and long-term credit impacts of bankruptcy?
  • Bankruptcy Attorney Portland, Or | Bankruptcy Lawyer Oregon | Christopher J. Kane P.C.

Categories of Blog Posts

  • Portland Bankruptcy Attorney
  • Personal Bankruptcy
  • Business Bankruptcy
  • Stop Foreclosure
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Zero Down Bankruptcy
  • Filing Bankruptcy in Oregon
  • Testimonials
  • FAQ
  • Blog

FREE CONSULTATION

GET A FREE CONFIDENTIAL CONSULTATION THIS MONTH.
*Please see below.

CONTACT

Christopher J. Kane, P.C.

Address: 2207 NE Broadway, Suite 100, Portland OR 97232

Phone: 503-380-7822

Email: chris@ckanelaw.com


We are a debt relief agency.

We proudly help people understand their options and, if appropriate, help them file for bankruptcy relief under the Bankruptcy Code.

DIRECTIONS

CONNECT

  • Email
  • Facebook
  • LinkedIn
  • Twitter
Avvo - Rate your Lawyer. Get Free Legal Advice.
Best Bankruptcy lawyers in Portland
Best Bankruptcy Lawyers in Portland

* Using this form, or email, for communicating with us does not establish an attorney-client relationship, until we do that in writing. So please do not send confidential or time-sensitive information through this form or by email. You affirm that you have read and understand this disclaimer.
CAUTION: This website is to provide visitors with basic information about our firm, and information about how to contact us. Every situation is different, and no information on this website is legal advice on any specific question. You should not act on any of the information without first conferring with an attorney licensed in your jurisdiction. No attorney-client relationship or privilege is formed by visiting this site or by unsolicited email. Therefore, initial emails should not contain any confidential information. We may already represent parties adverse to you and cannot advise or represent you until we check for conflicts. We are licensed only in Oregon and offer our services only to those doing business in Oregon, unless we are associated with local counsel in accordance with other states laws. The applicable laws may have changed after the information on this website was published. While effort is made to keep the information current, you should not presume that all information is up to date. You must confer with an attorney to be sure you have current information.
Copyright © 2021 · Christopher J. Kane Attorney at Law · 503-380-7822 · Designed by Artizon Digital