Rhode Island Injuries

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non-dischargeable debt

Like water that still gets through even when the hurricane barrier is closed, some debts survive bankruptcy no matter how much other debt is washed away. In legal terms, a non-dischargeable debt is an obligation that is not erased by a bankruptcy discharge. After the case ends, the person who owes it usually still has to pay. Under the federal Bankruptcy Code, especially 11 U.S.C. § 523, common examples include many domestic support obligations, certain recent tax debts, many debts caused by fraud, most student loans unless a court finds undue hardship, and debts for death or personal injury caused by drunk driving.

This matters fast because filing bankruptcy does not automatically stop every financial risk. A person may assume a Chapter 7 or Chapter 13 case will create a full fresh start, then learn too late that a major balance remains collectible. In some situations, a creditor must file an adversary proceeding by a deadline to ask the bankruptcy court to rule that a debt is non-dischargeable. Miss that window, and rights can be lost.

For an injury claim, the impact can cut both ways. If someone injured you and owes damages for willful or malicious harm, that debt may be argued as non-dischargeable under 11 U.S.C. § 523(a)(6). If the injury came from drunk driving, 11 U.S.C. § 523(a)(9) can keep that debt alive. Quick action matters before deadlines, settlements, or court filings change the outcome.

by Janet LaPlante on 2026-03-23

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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