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Tuesday, January 22, 2013

11 U.S.C sec. 523 (a) Exceptions to Discharge

(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor
from any debt -

1-19 Lists specific exceptions from discharge

Under this section, there are 19 categories of debt that are removed from discharge.  (Basic Framework)

A Debt for____

1. A tax custom or duty
2. Obtained by false pretenses, representation, or actual fraud
3. Neither listed or scheduled under 521(1)
4. For fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny
5. Domestic support obligations
6. Malicious injury by the debtor to another
7. To the extent such debt is for a fine, penalty, or forfeiture to the benefit of a governmental unit
8. Unless an undue hardship, for an educational benefit over-payment, or other educational loan
9. Death caused by operation of motor vehicle involving drugs or alcohol
10. Waived or denied discharge in a prior case
11. Fraud in fiduciary capacity of a credit union or depository institution
12. Malicious or reckless failure to fulfill commitment by debtor  . . .
13. Restitution under Title 18 of the U.S. Code
14. Incurred to pay a tax to the United States that would be non dischargeable under (1) above
15. To a spouse, former spouse, child of the debtor not of the kind described in (5) above
16. To a condo association or membership association after the order for relief
17. Fee imposed on a prisoner
18. Owed to a pension, profit sharing, stock bonus, or other plan
19. For a violation of securities laws . . .

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