Section 523 (Non-Dischargeable Debts)
Section 523: debts surviving bankruptcy. Key: certain taxes (3-year rule), DSOs, student loans (Brunner test: minimal standard + likely to persist + good faith), fraud (adversary proceeding within 60 days of 341), willful injury, DUI, criminal fines, and unlisted debts. Some automatic; others require creditor adversary. Brunner test in 11th Circuit (FL): extremely difficult standard. Creditor burden: preponderance (most).
Non-Dischargeable
- Taxes, DSOs, student loans
- Fraud, willful injury, DUI
- Criminal fines, unlisted debts
Litigation
- Some automatic (taxes, DSOs)
- Some require adversary (fraud)
- 60-day deadline from 341
Student Loans
- Brunner test (11th Circuit)
- Minimal standard, likely to persist
- Good faith repayment efforts
Related Terms
- Bankruptcy — Debt relief
Barnes Walker Bankruptcy
Barnes Walker’s attorneys handle discharge issues in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC