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Bankruptcy is designed to give you a fresh start financially by wiping out most of your debts. Still, bankruptcy attempts to balance the legal and moral obligation to pay debts with the very real need to forgive them. This means that bankruptcy cannot be used to eliminate all debts. Some types of debts, called nondischargeable debts, cannot be eliminated through bankruptcy.
Nondischargeable Debts in Nevada Bankruptcy
Certain debts cannot be discharged in a Chapter 7 or Chapter 13 bankruptcy in Nevada:
- Child support payments
- Most spousal support payments
- Some student loans
- Criminal fines
- Court fees
- Personal injury debts arising from driving under the influence
- Condo or co-op housing fees
- Payroll debts
- Recent local, state, and federal taxes
- Debts that are not listed on your bankruptcy petition
These debts can never be discharged. There are also some debts that are not automatically excepted from bankruptcy discharge. With these debts, a creditor must petition the court to determine if the debts can be discharged. In this case, there will be a hearing to decide if the debts are dischargeable. If the creditor does not petition the court or the court does not agree, the debts can be discharged. These potentially dischargeable debts include:
- Credit card purchases of at least $650 owed to a single creditor for luxury goods incurred within 90 days of filing for bankruptcy.
- Cash advances totaling more than $925 obtained within 70 days of filing for bankruptcy.
- Debts incurred as the result of malicious or willful injury to someone else.
- Debts obtained through false pretenses or fraud.
- Debts owed under a divorce decree or settlement unless you would not be able to afford to pay the debts after bankruptcy or the benefit you receive through discharge outweighs the detriment to the ex-spouse.
Contact a Las Vegas Bankruptcy Lawyer
In addition to these nondischargeable debts, the court can deny your bankruptcy discharge if you do not follow all bankruptcy procedures and court rules. This is why it’s important to work with an experienced Las Vegas bankruptcy attorney if your case has any complications or you are unsure of what to do. A bankruptcy lawyer can help you understand which of your debts will and will not be discharged through bankruptcy and which may present a problem.
Contact Vegas BK today for a free consultation with a bankruptcy attorney in Las Vegas, NV who can help you understand your options and whether bankruptcy is the right choice for you.