Not sure which debts are discharged

[nicole38]

How am I sure which debts are discharged by my Chapter 7.I was recently discharged how am I sure which debts were actually discharged under my bankruptcy.Will I get a letter in the mail stating that my bk has been discharged

[JoeBankrupt33]

You will get a discharge order in the mail, but it will not tell you what was discharged. It only includes a list of debts that are not usually discharged.

Are there some specific debts that you are not sure of?

[dingdong]

Typically all debts except student loans , most taxes, child support, and criminal fines are discharged.

If you did not have any of these types of debts, and no creditor objections/AP's where the debt was determined non-dischargable, then all the debts listed on your schedules are discharged.

In many districts, even if you forgot to list a creditor and you were determined no asset, even debts you failed to list are discharged.

[CH33 Paralegal]

Everything on schedule F is gone.

Anything you didn't reaffirm on D is gone

Priority Remains.

taxes, student loans, DSO, felonious fines, successful AP's are what you still owe.

[nicole38]

I'm not sure of my taxes from 2004,my lawyer said that it being discharged was kind of up in the air because of the countdown from the 3 year rule.A fine that I owe MVA for driving without insurance I'm not sure about as well.

[JoeBankrupt33]

I'm pretty sure your taxes would be discharged, unless you filed them late. I had state tax debt in 2004 and I filed the taxes with an extension in October 05. The debt was discharged and I confirmed it by talking with the bk department at the state.

As for the fine, I would not expect it to be discharged, but if they have added any late fees or additional fines for not paying, I think those are discharged (but I'm not sure and I'm not a lawyer).

I found this in US code 11, 523, describing non-dischargeable debts:

(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty...

First, yours is a fine or penalty. It is payable to a governmental unit. It would be tought to determine if the amount is for the benefit of the SAME governmental unit (this has been argued to get fines discharged when one unit is collecting it, but it is for the benefit of a different unit). Yours is not compensation for a pecuniary (money) loss because you driving without insurance didn't cost them anything.

[CH33 Paralegal]

with the taxes, it is a 3 year period, but that three year period only involves when the DEBT WAS ASSESSED TO YOU.

For instance, lets say you filed 2004 ON TIME....so more than three years ago....however, the IRS didn't review and revise your taxes until 2008 and then assessed extra money to you at that time, stemming from 2004. You WOULD NOT receive a discharge from that and you WOULD be responsible for that debt.

If the 2004 was filed on time and the debt associated with it was assessed to you longer than 3 years ago, you're eligible to be discharged from that.