DEBTS NOT DISCHARGED
The following debts cannot be discharged in either Chapter 7 or Chapter 13 Bankruptcy for Illinois residents.
Under a Chapter 7, the debtor is will still be responsible for repaying these debts after discharge.
Under Chapter 13, these debts will have to be paid in full in the plan. If they are not, the balance will remain at the end of the case. Debtors must pay secured debts (such as a house or car payment) if they to intend to keep the secured property.
Back child support, alimony obligations and other debts dedicated to family support.
Debts for personal injury or death caused by driving while intoxicated.
Student loans, unless it would be an undue hardship to repay.
Fines and penalties for violating the law, including traffic tickets and criminal restitution.
Recent income tax debts (within 3 years) and all other tax debts.
Debts not listed in the bankruptcy filing, unless the creditor learns of the bankruptcy case.
The following debts may be declared non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor challenges a request to discharge them.
Debts incurred on the basis of fraud.
Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing.
Loans or cash advances of $1,150 or more taken within 60 days of filing.
Debts from willful or malicious injury to another person or another person's property.
Debts from embezzlement, larceny or breach of trust.
Debts owed under a divorce decree or settlement unless after bankruptcy the debtor would still not be able to afford to pay them or the benefit the debtor would receive by the discharge outweighs any detriment to the former spouse (who would have to pay them if they are discharged in bankruptcy).