When you file for bankruptcy in New York, ALL debts must be listed on the petition. Most creditors are contacted when a bankruptcy is filed and will close accounts upon notification of bankruptcy regardless of whether the debt is listed on the particular bankruptcy petition.
When you file for bankruptcy you are under oath and stating that you have listed all of your assets and all of your debts. You cannot pick and choose which debt is listed on a bankruptcy. In fact, even debts that are not dischargeable must be listed. “Not-Dischargeable” means that you will still be responsible for the particular debt after the bankruptcy is completed.
Examples of non-dischargeable debts are:
1. Most student loans. Unless there is an undue hardship, student loans are not dischargeable. And, undue hardship is strickly enforced and very difficult to prove.
2. Child support and alimony. These obligations are generally non-dischargeable. And, Domestic Support Orders must be provided to the court in your case.
3. Some Tax obligations. Income taxes due may be dischargeable if they meet a very strict critieria, including that they are due and owing at least 3 years, the tax return has been filed for more than 2 years, there are no assessments within 240 days of the filing of the bankruptcy petition and there are no fraud findings concerning the tax obligation.
4. Fraud. If a debt was incurred through fraud, and it is determined by the bankruptcy court to be non-dischargeable, the debt will remain after the bankrupcy is finished.
5. Malicious torts and DWI. Malicious torts such as assault and battery and DWI convictions are generally non-dischargeable.
The above list is not intended as a definitive list of all non-dischargeable debts, but does include the most common debts which remain due and owing after a bankruptcy.
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