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Non Dischargeable Debt in Oregon Bankruptcy

Bankruptcy Attorney in Oregon

One of the most common bankruptcy myths is that you discharge all of your debt when you file Chapter 7. In fact, there are certain debts that are not eligible for discharge under any circumstances. It is important to know how these non dischargeable debts will impact you if you file for bankruptcy before you proceed. Our Oregon bankruptcy attorney can review your situation and advise you on the specifics of your case.

Some debts cannot be discharged in bankruptcy.

Any debt in which there was fraud involved cannot be discharged. The same is true of debts that are the result of willful or malicious injury. Fraud cases include instances in which a person got credit and provided false information to the credit card company and then used that credit. Another type of non dischargeable debt is when a large purchase was made or a person got a large cash advance from a credit card when they were aware that they were suffering from financial problems, and would be unlikely to be able to actually pay it back.

Old taxes are generally not eligible unless it is from a tax return that was filed over 3 years in the past. If you haven't filed the return, these back taxes cannot be discharged through this method. Student loans are also a problem, if the only way to discharge this debt is the requirement that you sue the government and that if you repaid the loans, you would suffer undue hardship. Unfortunately, even if this is completely true, the expense of filing a lawsuit against the government usually makes this far too expensive to undertake. In most cases, assuming that you will have to continue to pay off your student loans is usually the best option. If you have filed Chapter 13, at the end of the 3 - 5 year period, any remaining tax debt can be discharged, which can be an advantage for many people.

Contact an Oregon bankruptcy lawyer from our firm for more information about discharge of debt.

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