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Non-Dischargeable Debts in Chapter 11

Non-Dischargeable Debts in Chapter 11
In Chapter 11 bankruptcy, certain debts are not dischargeable, meaning they cannot be wiped out and must still be repaid by the debtor. These non-dischargeable debts include:
  1. Taxes and Customs Duties: Certain tax liabilities, including those for which the debtor failed to file a required return or filed a fraudulent return, are not dischargeable. 168
  2. Domestic Support Obligations: Alimony, child support, and other domestic support obligations are not dischargeable. 136
  3. Fraudulently Obtained Credit: Debts obtained through fraud, false pretenses, or false representations are not dischargeable. 126
  4. Willful and Malicious Injuries: Debts resulting from willful and malicious injuries to person or property are not dischargeable. 126
  5. Criminal Restitution and Fines: Debts for criminal restitution and fines are not dischargeable. 126
  6. Student Loans: Most government-funded or guaranteed educational loans or benefit overpayments are not dischargeable. 126
  7. Debts from Embezzlement, Larceny, or Breach of Fiduciary Duty: Debts arising from embezzlement, larceny, or breach of fiduciary duty are not dischargeable. 126
  8. Debts Related to Violations of Securities Laws: Debts arising from violations of federal or state securities laws are not dischargeable. 7
These debts are not dischargeable due to public policy reasons, such as the nature of the debt or the debtor's improper behavior. Creditors must often prove these exceptions to discharge by a preponderance of the evidence. 56

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