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Non-dischargeable Debts

Non-dischargeable debts include child support and fines

Although most debts can be discharged in a bankruptcy or an Individual Voluntary Arrangement, certain debts are not dischargeable by individuals. Other debts that are normally dischargeable may be denied a discharge, generally because of the actions of the debtor.

Debts that are non-dischargeable generally fall into the following categories:

  • Any fine or penalties imposed for an offence
  • Any liabilities arising under an order made in a family or domestic court action such CSA claims for child support
  • Any liabilities arising under a confiscation order made under S.1 of the Drug Trafficking Act 1986 0r S.71 of the Criminal Justice Act 1988
  • If a claim is not provable it follows that although the creditor will not be able to receive a dividend in respect of it, the debt will at least survive the discharge of the bankruptcy
  • Certain claims under the Financial Services Act 1986 and the 1987 Banking Acts are not provable once all creditors have been paid in full
  • Most educational loans cannot be discharged as they fall outside of the Insolvency Act 1986.

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