Common Exceptions to Exemptions:

 

Many states exemption laws do not protect property from certain kinds of creditors claims, such as child support, taxes, and claims of secured creditors.

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The most common exceptions to bankruptcy exemption laws include:

  1. Fraudulent transfers: If a debtor has transferred property to someone else in an attempt to avoid paying creditors, the bankruptcy court may be able to undo the transfer and recover the property for the benefit of the debtor's creditors.

  2. Willful and malicious injury: Bankruptcy exemptions do not protect debtors from liability for willful and malicious acts that cause injury to another person or their property.

  3. Taxes: Certain types of tax debts, such as federal income taxes, cannot be discharged in bankruptcy.

  4. Child support and alimony: Bankruptcy exemptions do not protect debtors from obligations to pay child support or alimony.

  5. Student loans: Student loan debts are generally not dischargeable in bankruptcy unless the debtor can demonstrate that repayment of the loan would cause an undue hardship. Although, as an unsecured creditor, they can't force the sale of your property.

 

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Jurisdictional relevance: US

Legal Consumer - Wake Forest, NCLaw. The content of this article pertains to all US states and counties.