There are certain debts that Chapter 13 Bankruptcy cannot discharge.  I will cover the most common debts below:

1.  Student Loans.  You cannot discharge student loan debt without showing undue hardship whether you filed a Chapter 13 Bankruptcy or Chapter 7 Bankruptcy.

2.  Recent Taxes.  If you owe income tax to the Internal Revenue or state (Franchise Tax Board if your state filing is California) that became due within the last 3 years from the date of filing your Chapter 13 Bankruptcy petition.  However, it is required that you Chapter 13 Bankruptcy plan pay priority tax debts in full within 60 months unless your case was dismissed before completion.  Some bankruptcy filers incur IRS tax debt while in Chapter 13 Bankruptcy, which cannot be discharged.  You should avoid owing tax debt by adjusting your payroll tax withholding because the tax collector can file a motion to dismiss your case.

3.  Payroll Taxes.  Payroll taxes cannot be discharged no matter how old it is.

4.  Domestic Support Obligation.  Child Support and Alimony cannot be discharged in Chapter 13 or Chapter 7 Bankruptcy.  Your Chapter 13 Bankruptcy Plan must pay all arrears owing to Child Support and Alimony at the date of filing within 60 months.

5.  Fines or Restitution.  A court order to pay fines and restitution in convicted of a crime cannot be discharged.  A fine by a government agency cannot be discharged like traffic tickets and county code violations regarding real property.

6.  Driving while Intoxicated by Alcohol or Drugs.  Debts arising from personal injury caused by driving while intoxicated by alcohol or drugs are not dischargeable.

7.  Willful or Malicious Acts.  Restitution or damages awarded in civil court action for personal injury or death caused by willfull or malicious acts are not dischargeable.

8.  Fraudulent Debts.  Money or property obtained by false pretenses.

9.  Debts NOT listed in your Bankruptcy Schedules.  Debts not listed in bankruptcy schedules unless the creditors had notice of the case in time to permit timely filing of a claim.  A lot easier to just make sure to list ALL creditors.

10.  Luxury purchases and credit card advances on the eve of bankruptcy filing.  Do not use credit cards or take out a loan before filing for bankruptcy.

This is just a brief overview of the types of non-dischargeable debts in Chapter 13 Bankruptcy.  For more information, schedule a consultation with Muoi Chea Bankruptcy Attorney in Sacramento, Stockton, or Fairfield, CA Bankruptcy office.