It is a commonly held belief that after successfully filing for bankruptcy a filer’s debt is completely discharged and they are given a fresh start. However, certain types of debt are non-dischargeable in any type of bankruptcy proceeding. These include student loan debt, tax debt, child support debt and spousal support debt. The idea behind disallowing the discharge of these debts is based on public policy considerations.

Importantly, there is a difference between marital debt and spousal support debt. Marital debt is that which is assigned as a result of a divorce or settlement agreement. This debt may have been for any joint purchases that were made prior to the divorce. In certain situations, marital debt may be dischargeable through Chapter 13 bankruptcy. Spousal support, formerly known as alimony, is the court-ordered cash payment from one spouse to another. When someone falls behind on these payments, the turn into non-dischargeable debt.

If you are unsure about whether certain debts are dischargeable through bankruptcy, contact a bankruptcy lawyer for immediate assistance.

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