- 9 - expiration of the 60-day period for objection. Fed. R. Bankr. P. 4004(c)(1). Under Bankruptcy Code section 523(a), not all debts may be discharged, and often a discharge order of the bankruptcy court will not state which particular debts are discharged and which are not discharged (see Bankruptcy Official Form 18, Discharge of Debtor). Generally, however, if a discharge order is issued by the bankruptcy court in a chapter 7 bankruptcy proceeding, a debt will be discharged unless it is excepted from discharge.4 Herein, the March 17, 1998, bankruptcy court discharge order issued in petitioners’ favor did not state which of petitioners’ debts were to be treated as discharged and which of petitioners’ debts were to be treated as excepted from discharge. Whether a liability of a debtor in bankruptcy to pay Federal income taxes is discharged by a chapter 7 bankruptcy court discharge order does not depend on whether the particular discharge order expressly states that the tax liability is discharged, but rather depends on whether the particular Federal income taxes owed to respondent are to be excepted from discharge 4 In 11 U.S.C. (Bankruptcy Code) secs. 522 and 523, “excepted” and “exempt” are used as terms of art. Generally, “excepted” refers to debts of the debtor in bankruptcy that are subject to creditor claims and not discharged under the provisions of the Bankruptcy Code, whereas “exempt” refers to property included in the bankruptcy estate but not subject to creditors’ claims.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008