Ohio Bankruptcy Law - "Are all debts discharged in bankruptcy?"

The code provides that many specifically designated debts are not dischargeable. In general, nondischargeable debts relate to taxes owed to governmental units, amounts owed for alimony and child support, and debts owed to others related to commission of a crime. Other debts are included as well, and the common thread connecting many nondischargeable debts is the obligation was incurred without approval from the creditor. Also, student loans and a few other debts are not dischargeable based upon public policy. 11 U.S.C. 523.

Ohio Bankruptcy Law - In Practice

Nondischargeable debts must be repaid. There are 18 categories of debt excepted from court discharge granted in chapters 7, 11, and 12. A more limited list of exceptions applies to cases under Chapter 13, allowing for more generous discharge potential for debtors. Discharge disputes are resolved by the court. Frequently, obligations created by consensual divorce settlements are disputed. The nature of the obligation, settlement terms and state law all impact dischargeability.

The operation of law pertaining to federal debt relief is complex. State law statutes, federal rules, and decisions rendered by courts combine to establish a local standard for Ohio Bankruptcy Courts. Anyone who considers filing should, at a minimum, balance short term requirements to long term benefits. Each debtor is different. The most valuable benefits are a personal choice, with availability dependent upon the application of law to unique circumstances.

Back to Ohio Bankruptcy Lawyer FAQ contents.