The Flowchart to a Fresh Start · Our flowchart gives a step by step outline of the route to getting a discharge of debt under the Bankruptcy Code as amended by The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Start — Effect of Prior Bankruptcies

Automatic Stay under §362.  Section 362 affords debtors the protection from creditors by staying, or stopping, most creditor's collection activities.  The stay is subject to certain limitations:

Termination in 30 days.  If a Chapter 7, 11 or 13 case is filed within one year of the dismissal of a prior case, the stay will terminate on the 30th day after the filing of the previous case unless—  [§362(c)(3)]

• The prior case was filed under Chapter 7 and was dismissed because it did not meet the Means Test under section 707(b), and the present case is not filed under Chapter 7, or  [§362(c)(3)]
• The debtor (or other party in interest) moves for a continuation of the stay and demonstrates that the second case was filed in good faith with respect to the creditor sought to be stayed.  [§362(c)(3)(B) & (C)]

No stay.  If a Chapter 7, 11 or 13 case is filed within one year of the dismissal of more than one prior cases, the stay will not go into effect unless--  [§362(c)(4)(A)]

• The prior cases were filed under Chapter 7 and was dismissed because it did not meet the Means Test under section 707(b), and the present case is not filed under Chapter 7, or  [§362(c)(4)(A)]
• The debtor (or other party in interest) moves for a continuation of the stay and demonstrates that the present case was filed in good faith with respect to the creditor sought to be stayed.  [§362(c)(4)(B), (C) & (D)]

Prior case pending within preceding 180 days.  An individual or family farmer may be a debtor under this title who has been a debtor in a any other case pending in the preceding 180 days if—  [§109(g)]

• The case was dismissed by the court for willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case; or
• The debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by §362.

Discharge will not be granted.  A prior bankruptcy proceed prevents the granting of a discharge in cases filed within a certain time period before the filing of the present case:

§727(a)(8), dealing with Chapter 7 cases, states that the time periods are from the date of filing of a previous case in which a discharge was entered.  Notwithstanding Congressional testimony that the BAPCPA was so perfect that not a word need be changed, §1328(f), which deals with Chapter 13 cases, is ambiguous.  A grammatical reading of that subsection would start the 4 or 2 year waiting period from the date that a previous case was filed.  An argument could be made that the start of the waiting period instead refers to when "the debtor has received a discharge."  Policy arguments and legislative history might support the discharge for the start of the waiting period, and it would seem to make little sense to impose a 2 year wait from the filing of a Chapter 13 in which the minimum period of payments before discharge is 3 years (although a discharge may be granted earlier under certain limited circumstances).

When discharge might not be the objective.  If the intent is to prevent foreclosure, repossession, tax levy, or other creditor action, a Chapter 13 could reasonably be filed even though a discharge would not be obtained.

Credit Counseling Agency Briefing

Briefing required.  An individual cannot file Chapter 7, 11 or 13 unless he or she has received individual or group credit counseling (including phone and internet) during the 180-day period preceding the date of filing of the petition. [§109(h)(1)]

Contents.  The briefing is to (1) outline the opportunities for available credit counseling and (2) assist the individual in performing a related budget analysis.  [§109(h)(1)]

Temporary waiver.  This briefing requirement may be temporarily waived if the debtor submits a certification describing exigent circumstances meriting the waiver, and stating that the debtor requested credit counseling services, but was unable to receive it within 5-days from the request. The debtor must receive counseling within 30 days of filing the petition, or an additional 15 days if extended by the court.  [§109(h)(3)]

When not required.  The briefing by a credit counseling agency is not required:

• if the United States trustee has determined that approved the approved nonprofit budget and credit counseling agencies for the district are not able to provide the required briefing, or  [§109(h)(2)(A)]
• if, after notice and hearing, the court finds that the debtor is unable to complete those requirements because of incapacity, disability, or active military duty in a military combat zone.  [§109(h)(4)]

Credit counseling agency requirements.  Requirements are stated in §111.

Current Monthly Income

Defined.  "Current monthly income" is defined as the debtors' average monthly income from all sources (including non-taxable sources) derived during the 6-month period preceding the date of determination. [§101(10A)(A)]

6 month period.  Income is calculated from the 6 month period ending on the last day of the calendar month immediately preceding the date of the commencement of the case, unless the debtor did not file the schedule of current income required by section 521(a)(1)(B)(ii).  If that schedule was not filed, income is to be calculated from the 6 month period ending on the date on which current income is determined by the court.  [§101(10A)(A)]

Excluded from income.  "Current monthly income" does not include security benefits, payments to victims of war crimes, international terrorism, or domestic terrorism.  [§101(10A)(B)]

Spouse's income in non-joint cases.  The income which will be compared to the median income in the state will include income of a non-filing spouse, unless the spouses are legally separated or living separate and the debtor files a statement under penalty of perjury.  [§707(b)(7)]   A non-filing spouse's income is not specifically included in the Means Test itself.  [§707(b)(2)(A)(i)]

Problem for self employed debtors.  The definition for "current monthly income" does not make any special reference to self employment or other business income.  While any reasonable definition of income from a business would reference the net income remaining after deducting the expenses of producing the income, we can find no provision for that calculation in the bankruptcy code as amended.  The expenses which the amended code allows to be deducted has no specific provision for self employment either, but section 707(b)(2)(B)(i) allows adjustments for "such special circumstances that justify additional expenses or adjustments of current monthly income for which there is no reasonable alternative."

Median Income in the State

Comparing monthly income.  The debtor's "current monthly income" is multiplied by 12 and compared with the median income in the state in which the debtor resides as last reported by the Bureau of the Census.

Comparison based on number in household. 

Household of 1:  If there is only 1 person in the debtor's household, his or her income is compared with the median family income for 1 earner last reported by the Bureau of the Census.

Household of 2, 3 or 4.  For a household of 2, 3, or 4, the debtor's household income is compared with the highest median family income of the applicable State for a family of the same number or fewer individuals last reported by the Bureau of the Census.

Household of more than 4.  For a household with more 4 individuals, the debtor's household income is compared with the highest median family income of the applicable State for a family of 4 or fewer individuals last reported by the Bureau of the Census, plus $525 per month for each individual in excess of 4.

[§707(b)(6),  §707(b)(7)]

Adjustment of Bureau of Census income data. If the income reported by the Bureau of Census is not calculated and reported for the current year, it is to be adjusted to "reflect the percentage change in the Consumer Price Index." [§ 101(39A)]

Bureau of Census links:

Median Family Income by Family Size (for households of 2 to 7 persons in 2003 dollars)
[http://www.census.gov/hhes/www/income/medincearnersandstate.html]

Median Family Income by Number of Earners in Family (giving income for 1 person households)
[http://www.census.gov/hhes/www/income/medincearnersandstate.html]

The data needed for means test is located at the U.S. Trustee's Means Test page.

Who is in the household?  The section of the code dealing with the comparison to the median income does not  define "household" or specify who would be included in it.  Since extensive reference is made to IRS regulations in that portion of section 707 dealing with expenses, those regulations may provide guidance for those who may be included in the household.   IRS guidelines suggest that the household includes persons that "live with you for the entire year as a member of your household."  Blood or legal relationship do not appear to be a requirement, but  "A person is not considered a member of your household if, at any time during the tax year, your relationship with that person violates local law."  See Topic 354-Dependents on the IRS web site.

Expenses

See also Needs Based Bankruptcy--Explanation of §707.

The debtor's monthly expenses include:

IRS National Expense Categories.  Expense amounts for the categories below will be taken from National Expense Categories a single table maintained by IRS for all states.  [§707(b)(2)(A)(ii) (I) & (II)]

Apparel and services.  Includes shoes and clothing, laundry and dry cleaning, and shoe repair.
Food.  Includes all meals, home or away.
Housekeeping supplies.  Includes postage and stationary; laundry and cleaning supplies; other household products: cleansing and toilet tissue, paper towels and napkins, lawn and garden supplies, and miscellaneous household supplies.
Miscellaneous.  A discretionary allowance.

Food & clothing expenses may be increased by 5% above the allowance when "reasonable & necessary."

IRS Local Standard Expenses.  Expense amounts for the categories below will be taken from the IRS Local Standard Expenses table, based upon the county in which the debtor resides.  [§707(b)(2)(A)(ii) (I) & (II)]

Utilities.  Includes gas, electricity, water, fuel oil, coal, bottled gas, trash and garbage collection, wood and other fuels, septic cleaning, and telephone.
Housing. Usually, only expenses for the place of residence are considered to be necessary. Housing expenses include: mortgage or rent, property taxes, interest, parking, necessary maintenance and repair, homeowner's or renter's insurance, homeowner dues and condominium fees.
Transportation.  Vehicle insurance, vehicle payment (lease or purchase), maintenance, fuel, state and local registration, required vehicle inspection, parking fees, tolls, driver's license, public transportation. Transportation costs not required to produce income or ensure health and welfare are not necessary.

Mortgage and vehicle payments although included in the IRS Local Standards are not to be included in the allowed expenses, since they will be included separately below.

IRS Other Necessary Expenses. IRS allows the debtors actual expenses in the following categories (as specified in the IRS list of Other Necessary Expenses):

Accounting and legal fees.  Fees are necessary only if they are for representation before the Service or they meet the necessary expense test of health or welfare and/or production of income.
Charitable contributions.  These expenses include donations to tax exempt organizations such as: civic organizations, religious organizations (tithing and educational), and medical services or associations. To be necessary, charitable contributions have to provide for the health and welfare of the taxpayer or taxpayer's family; or be a condition of employment.
Child care.  Baby sitting, day care, nursery, and preschool. Expenses are necessary if they meet the necessary expense test: health and welfare and/or production of income. Ensure that only a reasonable amount is allowed. Costs of child care can vary greatly. Don't allow unusually large child care expenses if more reasonable alternatives are available.
Court ordered payments.  Alimony, child support (including orders made by a state administrative agency), and other court-ordered payments. If the expense is already being deducted directly from a taxpayer's pay, do not include it again as an expense.
Dependent care.  For the elderly, invalid, or handicapped. This expense is necessary if there is no alternative to the taxpayer paying the expense.
Education.  Education is a necessary expense if required for a physically or mentally challenged child and no public education providing similar services is available. It is also a necessary expense if required as a condition of employment; for example, a teacher whose employment is conditional upon completion of a graduate program.
Health care.  Health insurance, medical services, prescription drugs, and medical supplies (including eyeglasses and contact lenses). A guide dog for someone who is visually handicapped is also allowable.
Involuntary deductions . Deductions from income include FICA, Medicare, and union dues.
Life insurance.  To be necessary, insurance is limited to term policies. Life insurance used as an investment is not a necessary expense. Consider if the payoff of the policy is high compared to the lifestyle of the beneficiaries. Even for term policies, expensive premiums must be justified.
Taxes.  Current federal (including FICA, Medicare), state, and local tax payments. Delinquent state and local tax payments are necessary and, therefore, allowable depending on the priority of the Federal tax lien and/or Service agreements with state and local taxing agencies.
Family Safety Expenses.  Monthly expenses shall include those necessary to maintain the safety of the family under  §309 of the Family Violence Prevention and Services Act (42 U.S.C. 10408), or other applicable Federal law.

Care of elderly, ill or disabled member of household.  Actual expenses for care and support of an elderly, chronically ill, or disabled household member or member of the debtor's immediate family (including parents, grandparents, siblings, children, and grandchildren of the debtor, the dependents of the debtor, and the spouse of the debtor in a joint case).  [§707(b)(2)(A)(ii)(II)]

Chapter 13 Trustee's fee.  If eligible for Chapter 13, up to 10% of plan payments for Trustee's fees.  [§707(b)(2)(A)(ii)(II)]

School expenses.  With documentation and detailed explanation, actual private elementary or secondary school expenses of up to $1,500/year for each child under 18. [§707(b)(2)(A)(ii)(IV)]

Payment on Secured Debts.  Payments on secured debts, calculated as the total due to secured creditors over 60 months, divided by 60.

Payment on Home, Vehicle and Other Property.  Additional payments necessary to maintain debtor's primary residence, motor vehicle, or other property necessary for the support of the debtor and the debtor's dependents, that serves as collateral for secured debts; divided by 60. [§707(b)(2)(A)(iii)]

Priority claims.  Payments on priority claims (including taxes, child support & spousal maintenance).  [§707(b)(2)(A)(iv)]

The data needed for means test is located at the U.S. Trustee's Means Test page.

Financial Management Course

Financial Management Course required.  In order to receive a discharge of debt in either Chapter 7 or Chapter 13, the debtor must complete a Financial Management Course. [§727( a)(11), §1328(g)]

Who gives the course?  The Financial Management Course is to be given by non-profit budget and credit counseling agency approved United States trustee (or bankruptcy administrator, if any).  The clerk of the Bankruptcy Court shall maintain a publicly available list of approved agencies and courses.  [§111(a) & (b)]

Course description.  The course must be given by trained, experienced personnel, and use "learning materials and teaching methodologies designed to assist debtors in understanding personal financial management."  It is to be conducted at facilities situated in "reasonably convenient locations," or, if effective, by telephone or Internet.  [§111(d)(1)]

Course cost.  The agency may charge a reasonable fee for the course, but it must also provide services without regard to ability to pay the fee.  [§111(d)(1)(E)]

Discharge under Chapter 7

Requirements for Discharge in Chapter 7.

The court will grant a discharge if the debtor meets all of the following requirements:

• The debtor has completed an approved Financial Management Course.  [§727(a)(11), §111(d)]
• The debtor has not committed any of the following acts, either (1) in connection with his or her bankruptcy or (2) regarding another case concerning an insider within one year before the filing of the petition or during the case.  [§727(a)(7)]
• Transferred, removed, destroyed, mutilated, or concealed property within a year before the filing of the case, or during the case, with the intent to hinder, delay, or defraud a creditor or the trustee. [§727(a)(2)]
• Concealed, destroyed, mutilated, falsified, or failed to keep or preserve certain financial records.   [§727(a)(3)]
• Knowingly and fraudulently made a false oath, made a false claim, offered or received money for acting or not acting, or withheld certain information.    [§727(a)(4)]
• Failed to satisfactorily explain a loss or deficiency in assets.  [§727(a)(5)]
• Refused to obey a court order or testify (except under privilege against self incrimination where immunity was not granted).  [§727(a)(6)]
• The debtor has not received a discharge under Chapter 7 or 11 in a case commenced within 8 years before the filing of the petition in this case.  [§727(a)(8)]
• The debtor has not received a discharge under Chapter 12 or 13 in a case commenced within 6 years before the filing of the petition in this case.  This exception to discharge does not apply if at least 70% of all unsecured claims were paid in the Chapter 12 or 13 case.  (If less than 100% of such claims are paid, plan must also been proposed in good faith and have been the debtor's best efforts.)  [§727(a)(9)]
• The debtor has not waived the discharge (in writing, after the discharge, and approved by the court).  [§727(a)(10)]
• The debtor has not been convicted of or have pending proceedings concerning a felony, which demonstrates that the filing of the case was an abuse of the bankruptcy code.  [§727(a)(12)]
• The debtor not owe any debt arising from:  [§727(a)(12)]
• A violation of Federal or State securities laws or regulations.  [§522(q)(1)(B)(i)]
• Fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any registered security.  [§522(q)(1)(B)(ii)]
• Any civil remedy for racketeering.  [§522(q)(1)(B)(iii)]
• Any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years.  [§522(q)(1)(B)(iv)]
• Even if a discharge has been granted, the discharge may be revoked if:
• The discharge was obtained through the fraud of the debtor.  [§727(d)(1)]
• The debtor acquired or became entitled to property which would be property of the estate, and failed to report, deliver or surrender such property to the trustee.  [§727(d)(2)]
• The debtor refused to obey a court order or testify (except under privilege against self incrimination where immunity was not granted).  [§727(d)(3), §727(a)(6)]
• The debtor failed to satisfactorily explain a material misstatement or a failure to make documents available in a U.S. Trustee audit.  [§727(d)(4)]

Debts which are not discharged in Chapter 7.

The discharge granted in a Chapter 7 case does not discharge any of the following debt:

• Taxes.  Taxes will not be discharged if they meet any of the following parameters:
• Due within 3 years.  Taxes based on income or gross receipts for which a return (if required) was due within 3 years prior to the filing of the petition.  [§523(a)(1)(A)]  The date due includes any extensions, i.e., if the April 15 due date for income tax is extended to October 15 the later date will be used determining if the 3 year period has been passed.  [§507(a)(8)(A)(i)]  The 3 year period may be extended by any time in a bankruptcy plus an additional 6 months.    [§108(c), 26 USC 6503(h), IRC 6503(h)]
• Assessed within 240 days.  Taxes assessed within 240 days prior to the filing of the petition.  [§523(a)(1)(A)]  If an offer in compromise was pending, the 240 days will be extended by the days that it was pending, plus 30 days.  If a stay against collections was in effect under a prior bankruptcy, the 240 days will be extended for the time collection was stayed plus 90 days.  [§507(a)(8)(A)(ii)] 
• Returns not filed or filed within 2 years.  Taxes for which returns (if required) were not filed or were filed within 2 years of the filing of the petition.  [§727(b),  §523(a)(1)(B)(2)]
• Fraudulent returns and evaded taxes.  Taxes with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax.  [§727(b),  §523(a)(1)(B)(3)]
• Tax penalties, fines, forfeitures.  Penalties for taxes not discharged (above), tax penalties regarding a transaction within 3 years of filing, and government fines and forfeitures are not discharged.  [§727(b)]  [§523(a)(7)] 
• Debt incurred to pay taxes not discharged (above).  [§727(b)]  [§523(a)(14), (14A))] 
• Debt obtained by fraud, false pretenses, or false financial statements.  Money, property, services, or an extension, renewal, or refinancing of credit obtained by (1) false pretenses, a false representation, or actual fraud, OR (2) a materially false written financial statement intended to deceive, on which the creditor relied. [§727(b)]  [§523(a)(2)]
• Debt incurred within 90 days before filing.  Consumer debt for luxury goods or services incurred within 90 days before filing of the petition, and totaling more than $to a single creditor.  [§727(b),  §523(a)(2)(C)(i)(I)]
• Cash advances within 70 days before filing.  Cash advances obtained within 70 days before filing of the petition, and which total more than $from all creditors.  [§727(b),  §523(a)(2)(C)(i)(II)]
• Debt not listed.  Debt not listed in time for the creditor to file a claim, or request a determination of discharge, unless the creditor had actual knowledge of the case.  [§727(b)]  [§523(a)(3)]
• Fraud, embezzlement, larceny. Debt for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.  [§727(b)]  [§523(a)(4)]
• Domestic support obligations.  Includes child support and spousal maintenance.  [§727(b)]  [§523(a)(5)]
• For willful and malicious injury.  [§727(b)]  [§523(a)(6)]
• Educational loans.  Educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit and other qualified educational loans are not discharged unless such exception from discharge would "impose an undue hardship on the debtor and the debtor's dependents."  [§727(b)]  [§523(a)(8)]  [§523(d)]
• For death or personal injury from DUI.  Includes operations of motor vehicle, vessel or aircraft and intoxication from alcohol, drug or other substance.  [§727(b)]  [§523(a)(9)]
• Debt from a previous bankruptcy where discharge was denied.  If a debtor was denied a discharge in a previous bankruptcy because the debtor transferred property, concealed records, made false statements, failed to explain losses, or disobeyed court orders, etc., debts which could have been listed in that bankruptcy will not be discharged.  [§727(b)]  [§523(a)(10)]
• Settlements, judgments, commitments regarding financial institutions.  Settlements and judgments regarding fraud or defalcation, or malicious or reckless failure to maintain commitments regarding certain financial institutions are not discharged.  [§727(b)]  [§523(a)(11), (12)]
• Restitution.  Payments under orders of criminal restitution are not discharged.  [§727(b)]  [§523(a)(13)]
• Fines & penalties imposed under Federal election law.  [§727(b)]  [§523(a)(14B)]
• Debt from a divorce or separation.  Debt other than support, owed to a spouse, former spouse, or child under a divorce decree, order, or separation agreement is not discharged.  [§727(b)]  [§523(a)(15)]
  Note:  A decree or agreement which obligates the debtor to pay all debt could result in no debt being discharged under a bankruptcy.
• Homeowners association fees and assessments.  Such fees and assessments arising after the filing of a bankruptcy are not discharged.  [§727(b)]  [§523(a)(16)]
• Fees and cost imposed on prisoners by courts for filing cases, motions, complaints, or appeals.  [§727(b)]  [§523(a)(17)]
• Loans from pension, profit-sharing, and stock bonus plans.  [§727(b)]  [§523(a)(18)]
• Federal and state securities laws violations, settlements, and securities fraud, deceit and manipulation.  [§727(b)]  [§523(a)(19)]

Discharge under Chapter 13

Requirements for Discharge in Chapter 13.

The court will grant a discharge if the debtor meets all of the following requirements:

• The debtor has completed the plan payments.  [§1328(a)]
• The debtor has paid all domestic support obligations (generally, court ordered or legally required child support and/or spousal maintenance) which accrued after the petition was filed, or which were provided for by the plan. The  debtor must certify that the required amounts have been paid.  [§1328(a)]
• The debtor has completed an approved Financial Management Course.  [§1328(g), §111(d)]
• The debtor has not received a discharge in a Chapter 7, 11, or 12 case filed within 4 years prior to the commencement of this Chapter 13.  [§1328(f)(1)]
• The debtor has not received a discharge in a prior Chapter 13 case filed within 2 years prior to the commencement of this Chapter 13.  [§1328(f)(2)]
• The court has found, after notice and a hearing held no more than 10 days before the granting of a discharge, that there is no reasonable cause to believe that any of the following apply:
• The debtor has attempted to exempt an interest in a homestead or burial plot in excess of $125,000, and the debtor has been convicted of a felony which demonstrates that the filing of the case was an abuse of the Bankruptcy code, or there is a pending proceeding in which the debtor may be found guilty of such a felony.  [§1328(h), §522(q)(1)(A)]
• The debtor owes any debt arising from, or there is a pending proceeding in which the debtor may be found liable for debt arising from:  [§1328(h)]
• any violation of the Federal securities laws, [§1328(h), §522(q)(1)(B)(1)]
• fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of a registered security, [§1328(h), §522(q)(1)(B)(2)]
• any civil remedy under section1964 of title 18, or [§1328(h), §522(q)(1)(B)(3)]
• any criminal act, intentional tort, or willful or reckless misconduct that caused serious physical injury or death to another individual in the preceding 5 years. [§1328(h), §522(q)(1)(B)(4)]
• The debtor has not obtained the discharge through fraud.  A party in interest has one year after the discharge in which to request a hearing to revoke the discharge.  [§1328(e)]

Debts which are not discharged in Chapter 13.

The discharge granted in a Chapter 13 case does not discharge any of the following debt:

• Debt which is neither provided for in the plan nor on which creditors claims have been disallowed.  [§1328(a)]
• Debt for which the plan provides for a curing of a default and maintenance of payments where the last payment is due after the final plan payment. [§1328(a)(1),  §1322(b)(5)]
• Certain taxes, including: [§1328(a)(2)]
• Taxes which the debtor is required to collected or withhold.  [§1328(a)(2), [§507(a)(8)(C)]
• Taxes on which returns were not filed, or were filed after two years before the date of the filing of the petition.  [§1328(a)(2), §523(a)(1)(B)]
• Taxes with respect to which the debtor made a fraudulent return or willfully attempted to evade or defeat.   [§1328(a)(2), §523(a)(1)(C)]
• For money, property, services, or extension, refinancing or renewal of credit obtained by false pretenses, a false representation, or actual fraud, or by a false writing meeting certain requirements.  [§1328(a)(2), §523(a)(2)]
• Certain consumer debt incurred within 90 days before filing, and certain cash advances obtained within 70 days before filing.  [§1328(a)(2), §523(a)(2)]
• Debt which is not listed.  [§1328(a)(2), §523(a)(3)]
• Debt for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.  [§1328(a)(2), §523(a)(4)]
• Debt from a domestic support obligation.  [§1328(a)(2), §523(a)(5)]
• Educational loan, benefit, or overpayment.  [§1328(a)(2), §523(a)(8)]
• Debt for death or personal injury caused by the debtor's operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance.  [§1328(a)(2), §523(a)(9)]
• Debt for restitution, or a criminal fine, included in a sentence on the debtor's conviction of a crime.  [§1328(a)(3)]
• Debt for restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.   [§1328(a)(3)]
• Certain debt arising after the commencement of the case if prior approval was practicable and was not obtained.  [§1328(d)]

This page was last revised: 08/06/05