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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

NONDISCHARGEABLE DEBT

Ordinarily a debtor who successfully navigates the bankruptcy process is entitled to a discharge of all pre-petition debt. However, there are certain types of debt that Congress has declared to be nondischargeable.

For example, a debt owed "to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child" is not dischargeable under 11 U.S.C. S 523(a)(5). However, if such a debt is assigned to another entity, the debt is dischargeable, unless the debt is assigned pursuant to 42 U.S.C. S 602(a)(26).

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