New York bankruptcy non-dischargeable debts refers to those debts that cannot be eliminated by filing a Chapter 7 bankruptcy.
New York Bankruptcy Non-Dischargeable Debt Includes:
- Domestic Support Obligations. These refer to child support, alimony, support or maintenance.
- Restitution, Penalties and Fines. Any restitution, fines and penalties that were imposed on you by the federal, state or local government for violating the law cannot be discharged in a Chapter 7 bankruptcy.
- Certain Tax Debts. Regular income taxes older than three years may be discharged in a Chapter 7 bankruptcy. However, bankruptcy law is very specific with regards to what type of taxes can be discharged.
- Debt incurred to pay non-dischargeable taxes. When you file for a Chapter 7 bankruptcy, you will still be liable for any debts incurred to pay those taxes. For example, if you pay a tax bill using your credit card, your credit card company can bill you for the amount of the tax debt after your bankruptcy.
- Student loans. Students loans are generally very difficult to discharge in a Chapter 7 bankruptcy filing, unless you can prove that you are faced with extraordinary circumstances.
- Debts for certain condominiums and cooperative housing fees.
- Any fees owed to attorneys relating to child custody and support cases.
- Debts not listed on the bankruptcy petition, although if it was an honest mistake, the Court may reconsider.
Denial of a Chapter 7 Bankruptcy Discharge
There are many reason as to why the Court may deny your bankruptcy discharge. This includes if you:
- commit perjury or other illegal acts pertaining to your bankruptcy case.
- hide or transfer property to hinder creditors.
- be in violation of a court order
- do not provide proper tax documents
- did not complete the required financial management courses
- filed a previous bankruptcy case in which you were granted a discharge within a specific time frame, depending on which type of bankruptcy code was filed.
Certain debts that cannot be discharged by a Chapter 7 bankruptcy can be included in a Chapter 13 bankruptcy payment plan and paid over time.