New York Bankruptcy Non-Dischargeable Debts

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.

Also see:

New York Bankruptcy Dischargeable Debts