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Chapter 7: Debt Discharge


  • Debts for alimony and child support,
  • Certain taxes,
  • Debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit,
  • Debts for willful and malicious injury by the debtor to another entity or to the property of another entity,
  • Debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and
  • Debts for certain criminal restitution orders.

The debtor will continue to be liable for these types of debts to the extent that they are not paid in the chapter 7 case. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable.

Revocation of Debt Discharge

The court may revoke a chapter 7 discharge on the request of the trustee, a creditor, or the U.S. trustee if the discharge was obtained through fraud by the debtor, if the debtor acquired property that is property of the estate and knowingly and fraudulently failed to report the acquisition of such property or to surrender the property to the trustee, or if the debtor (without a satisfactory explanation) makes a material misstatement or fails to provide documents or other information in connection with an audit of the debtor's case.

From the Administrative Office of the U.S. Courts


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