What debts survive bankruptcy?

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Updated: 4/13/2007 3:35 pm
Filing Chapter Seven does not automatically erase all your debts. Keep in mind that the debts that are erased are only those incurred before you file; any debt you incur after filing is fair game for creditors. Also, a debt won't be discharged if it doesn't appear on your list of creditors or schedule of assets and liabilities in your filing papers. Under Chapter Seven, debts are classified as 'exempt' and 'nonexempt' from having to be paid, depending on what they're for and how much. In addition, there are certain categories of debt that the Bankruptcy Code automatically doesn't allow to be discharged in a Chapter Seven liquidation. These include: taxes, debts created by fraud, debts for alimony or child support, civil or criminal fines and penalties, student loans, and debts incurred as a result of malicious injury caused by the debtor. Certain liens aren't removed in Chapter Seven, except by paying off the debt. You're also liable for any other debt that isn't discharged by the bankruptcy court. If you have any questions about which debts you'll have to pay, even if you file Chapter Seven, contact a bankruptcy attorney.

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