Legal Question in Bankruptcy in New Mexico

Discharge of unlisted debts

I noticed on the back page of a discharge order, under ''debts that are discharged'' it states ''most debts that existed on the date of filing...''. It also states under ''debts that are NOT discharged'' ''certain debts not properly listed....''. My question is: Will(or can)an unsecured debt not listed on schedule ''F'' (or any where else) be considered discharged. If so, how is the creditor notified of the discharge? What are the ''certain debts'' mentioned in the ''....not discharged...'' paragraph? I cant seem to get any consistent answers. I would be grateful for any clarification. Thanks!


Asked on 2/09/06, 3:06 am

1 Answer from Attorneys
Jeffrey Goldberg Goldberg Law Firm

Re: Discharge of unlisted debts

The following debts are generally NOT discharged:

- student loans

- recent federal and state taxes

- domestic support orders, i.e. alimony, child support and maintenance, and some attorneys' fees awarded by a court in connection with a separation agreement, divorce decree or property settlement

- criminal penalties, fines, and restitution, and other debts arising out of wilful or malicious misconduct

- liability for injury or death from driving while intoxicated

- nondischargeable debts from a prior bankruptcy

- debts reaffirmed or debts adjudicated by the court to be nondischargeable

If a case is a no-asset Chapter 7 case, and a creditor is not listed in the bankruptcy, the debt will be discharged. However, if there were assets from which claims were satisfied, then an unlisted debt will not be discharged. Of course, the knowing failure to list a debt may be a bankruptcy crime.

This is a simple answer to a complicated question as there are a number of exceptions.

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Answered on 2/09/06, 3:01 pm


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