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Understanding Non-Dischargeable Debt: What You Need to Know
Definition & Meaning
Non-dischargeable debt refers to financial obligations that cannot be eliminated through bankruptcy proceedings. This means that even if an individual files for bankruptcy, they will still be responsible for repaying these debts. Common examples of non-dischargeable debts include federal taxes, alimony, child support, and debts resulting from driving under the influence (DUI) violations.
Table of content
Legal Use & context
This term is primarily used in bankruptcy law. It is important for individuals considering bankruptcy to understand which debts can be discharged and which cannot. Non-dischargeable debts often arise in family law contexts, such as alimony and child support, as well as in civil matters involving tax obligations. Users can manage some aspects of their bankruptcy filings using legal templates available through US Legal Forms, but they should be cautious and consider seeking professional legal advice for complex situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. A parent owes $10,000 in child support. Even if they file for bankruptcy, they must continue to pay this debt.
2. An individual has $5,000 in unpaid federal taxes. This debt will remain after bankruptcy proceedings are completed.
State-by-state differences
Examples of state differences (not exhaustive):
State
Non-Dischargeable Debt Examples
California
Child support, alimony, certain tax debts
Texas
Child support, student loans, certain tax debts
New York
Alimony, child support, debts from DUI
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Dischargeable Debt
Debts that can be eliminated through bankruptcy.
Non-dischargeable debts remain after bankruptcy, whereas dischargeable debts do not.
Secured Debt
Debt backed by collateral.
Non-dischargeable debts are not necessarily secured by collateral.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing non-dischargeable debts, it is crucial to understand your obligations. Consider the following steps:
Review your financial situation and identify all debts.
Consult with a legal professional to explore your options.
Utilize US Legal Forms to access templates for managing your debts and bankruptcy filings.
For complex issues, professional legal help may be necessary to navigate your specific circumstances.
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