Which debts are not included in a bankruptcy? Part 2 of 4 Most of the debts that are not eliminated by a bankruptcy are still included in a bankruptcy while it is ongoing Section 178 in the Bankruptcy and Insolvency Act lists the debts that survived bankruptcy or come back when your bankruptcy is over Most of these debts are stayed meaning the creditor cannot collect or pursue you without court approval But once your trustee is discharged from the file. They could resume pursuit of their debt with interest For example, child and spousal support and maintenance, fines and penalties that have been imposed by a court, damages for bodily harm, sexual assault or wrongful death Debts proven to be a result of fraud, embezzlement, misappropriation or theft while in fiduciary capacity Debts proven to be a result of obtaining property by false pretenses of fraudulent misrepresentation Student loans less than 7 years old If any of your debts are for situations noted above, make sure to discuss your options with your trustee www.rumanek.com