Not all debt is seen as equal during a bankruptcy filing and there are some debts that cannot be routinely discharged in a Chapter 7 bankruptcy or Chapter 13 bankruptcy. The most common types of debt that cannot be discharged are child support, student loans, and tax debt.
Child support and back child support will not be discharged during bankruptcy, and that debt will not ever be forgiven. If you owe child support or back child support it must be paid in full. Filing for bankruptcy is considered a viable way to deal with other overwhelming debts so that you can successfully make child support payments and back child support payments.
Most student loans are guaranteed by the US Federal Government and will not be discharged during bankruptcy unless the special circumstances of undue hardship can be proven. Undue hardship goes beyond the scope of a typical bankruptcy filing and requires an adversary proceeding. An experienced bankruptcy law firm should be consulted since that process can be complicated.
Tax debt, either current or back tax debt, is owed to the government and will not be forgiven except in cases of both special circumstances and specific conditions. As with student loans, discharging tax debt goes beyond the scope of a typical bankruptcy filing.
Knowledgeable bankruptcy lawyers at The Frutkin Law Firm, PLC, in Phoenix, Arizona, will advise you on how to proceed if you have a significant tax debt, student loans or child support debt and are considering filing for bankruptcy in Arizona.
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