Author: Andrew M. Thaler
A bankruptcy attorney’s goal is to help people with overwhelming debt obtain a financial “fresh start”. If the requirements necessary to file personal bankruptcy are met, most if not all debts can be discharged. Discharge means that the creditor is barred from seeking payment. Public policy dictates that some debts should not be discharged. Debts owed to vulnerable creditor classes and debts that arise from “bad” behavior will most likely not be discharged. For example, child support cannot be discharged. Claims based on fraud cannot be discharged. Intentional tort claims, criminal restitution debt, student loans, and certain types of taxes to name just a few, are also not capable of being discharged.
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