What Types of Debt Can't Be Discharged in Bankruptcy

Bankruptcy wipes out many common debts, but not all of them.

Under Section 523 of the U.S. Bankruptcy Code, roughly 19 categories of debt are "non-dischargeable," meaning you still owe them after your case closes. The big ones are child support and alimony, recent income taxes, most student loans, criminal fines and restitution, and debts from fraud or drunk driving. Some of these survive automatically, while others stay only if a creditor challenges them in court.

Knowing which of your debts can actually be erased is one of the most important steps before you decide whether to file.

Key Takeaways

• About 19 categories of debt can't be discharged. Section 523 of the Bankruptcy Code lists them, and they survive in both Chapter 7 and Chapter 13.

• Child support and alimony never go away. Domestic support obligations are non-dischargeable in every chapter and must be paid in full.

• Most student loans survive. They can be discharged only if you prove "undue hardship" through a separate court case called an adversary proceeding.

• Recent taxes usually stay, older ones might not. Income taxes can sometimes be discharged if they meet a three-year, two-year and 240-day test, but payroll and fraud-related taxes never qualify.

• Some debts stay only if a creditor objects. Fraud and willful-injury debts can be discharged unless the creditor files a challenge within 60 days of your meeting of creditors.

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What Does "Non-Dischargeable" Mean?

When you file bankruptcy and complete the process, the court issues a discharge, a court order that legally erases your obligation to pay certain debts. A non-dischargeable debt is one the discharge does not touch. Even after a successful filing, you still owe it, and the creditor can resume collection once your case ends.

The general rule is that unsecured debts are wiped out unless the law specifically protects them from discharge. Section 523(a) of the Bankruptcy Code is the list of those exceptions, and it applies across Chapter 7, Chapter 11 and Chapter 13. For the flip side of this question, our guide on whether does bankruptcy clear all debt covers what filing can and can't erase.

It helps to keep two groups in mind:

• Automatically non-dischargeable debts: These survive on their own, with no action needed by the creditor. Child support, most taxes and student loans fall here.

• Conditionally non-dischargeable debts: These get discharged unless a creditor files a complaint, called an adversary proceeding, asking the court to exempt them. Fraud and some injury debts fall here.

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Debts That Bankruptcy Can't Erase

Here is a closer look at the debts that most commonly survive a filing, and why.

Child Support and Alimony

Domestic support obligations are the clearest example of debt bankruptcy can't touch. Child support and spousal support, including any past-due arrears, are non-dischargeable in every chapter, and they receive the highest priority in a bankruptcy case. In a Chapter 13 plan, support arrears must be paid in full. The automatic stay doesn't even stop collection of ongoing support from your post-filing income.

Most Taxes

Many tax debts survive bankruptcy, but the rules are detailed. Recent income taxes, payroll taxes and any tax debt tied to fraud or a willful attempt to evade are non-dischargeable. Older income taxes may be dischargeable, but only if they meet all of these conditions:

• The tax return was due at least three years before you filed.

• You actually filed the return at least two years before filing bankruptcy.

• The tax was assessed by the taxing authority at least 240 days before filing.

• The debt does not involve fraud or willful evasion.

Even when an income tax debt qualifies for discharge, a recorded tax lien can still attach to your property after the case ends. Because tax rules are complex, the IRS also offers alternatives like an offer in compromise or installment agreement, which may be worth exploring before filing.

Most Student Loans

Student loans, both federal and private, are presumed non-dischargeable. To erase them, you have to file a separate lawsuit within your bankruptcy, called an adversary proceeding, and prove that repaying the loans would cause "undue hardship." Most courts apply the Brunner test, which asks whether you can maintain a minimal standard of living while repaying, whether the hardship is likely to persist and whether you made good-faith efforts to pay.

This is a difficult standard, but it's not impossible, and a 2022 Department of Justice guidance created a clearer process for evaluating these requests. If discharge is not realistic, federal income-driven repayment or forgiveness programs may offer more practical relief than bankruptcy.

Debts From Fraud or Misrepresentation

If you obtained money, property or credit through fraud, false pretenses or a false financial statement, that debt may survive. This category is conditional: the creditor has to file an adversary proceeding, generally within 60 days of your meeting of creditors, and prove the fraud. If they miss that deadline, the debt may still be discharged.

A related trap is "presumptive fraud." Luxury goods or services totaling more than $800 charged to a single creditor within 90 days before filing, and cash advances over $1,100 taken within 70 days before filing, are presumed non-dischargeable. That is one reason it is wise to stop using credit once you decide to file.

Criminal Fines, Restitution and Court Penalties

Debts owed to the government as punishment do not go away. Criminal fines, restitution ordered in a criminal case, traffic tickets and most government penalties survive bankruptcy in full.

Personal Injury From Drunk or Drugged Driving

If you injured or killed someone while driving under the influence of alcohol or drugs, any resulting debt is non-dischargeable. This is a specific carve-out in the Bankruptcy Code and applies regardless of the chapter you file.

Other Debts That Often Survive

Several less-obvious categories also tend to stick around:

• Debts you fail to list. If you leave a debt off your bankruptcy paperwork, the court generally can't discharge it.

• Willful and malicious injury. Debts from intentional harm to a person or their property can survive, though some property-damage debts may be dischargeable in Chapter 13.

• Homeowners and condo association fees. Dues that come due while you still own the unit after filing are typically non-dischargeable.

• Retirement plan loans. Money you borrowed from your own 401(k) or similar plan is not wiped out.

Quick Reference: Dischargeable vs. Non-Dischargeable Debt

Does the Chapter You File Change What's Discharged?

Mostly no, but there are a few differences.

The core non-dischargeable categories like support, recent taxes and student loans survive in both Chapter 7 and Chapter 13. Chapter 13, however, has a slightly broader discharge for a handful of debts. For example, certain debts from a divorce property settlement that aren't support, and some willful property-damage debts, can be discharged in Chapter 13 but not Chapter 7.

Chapter 13 can also help you manage non-dischargeable debt even when it can't erase it. Because you repay through a three- to five-year plan, you can catch up on priority debts like support arrears and recent taxes over time while staying protected from other collection.

To understand the mechanics, see our guides on what is a chapter 7 bankruptcy and what is a chapter 13 bankruptcy, or compare all three personal options in chapter 7 vs chapter 11 vs chapter 13.

A separate point worth knowing: secured debts like a mortgage or car loan are not "discharged" in the usual sense. You can wipe out your personal liability, but the lender keeps its claim on the property, so to keep the asset you generally have to stay current.

Our guide on if i file bankruptcy what happens to my car explains how that works for vehicles.

What To Do if Most of Your Debt Can't Be Discharged

If a large share of what you owe is non-dischargeable, bankruptcy may offer limited benefit, and another path could serve you better. A few options to weigh:

1. Map your debt first. List every balance and sort it into dischargeable and non-dischargeable. This single step tells you how much relief filing would actually provide. Reviewing what happens when you file for bankruptcy can help you set expectations.

2. Consider negotiation or settlement for unsecured debt. Creditors may accept less than the full balance on debts like credit cards and medical bills. Our guide on what kinds of debts can be settled covers which debts qualify and the trade-offs.

3. Look at non-bankruptcy paths. A nonprofit debt management plan, debt consolidation or a creditor hardship program may help. Compare them in our overview of bankruptcy alternatives.

4. Weigh the credit impact. Filing affects your credit for years, so factor that in. Our guide on how bankruptcy affects your credit breaks down the score impact, and our steps to recover from bankruptcy show how to rebuild.

5. Get professional input. A nonprofit credit counselor or bankruptcy attorney can tell you whether filing makes sense and which chapter fits. If you are still deciding, our guide on whether you should file for bankruptcy walks through the warning signs.

Want to keep tabs on your finances? MoneyLion offers tools that can help you monitor your credit and understand your financial habits. Explore MoneyLion's credit resources to learn more.

Bottom Line

The debts that aren't discharged in bankruptcy include child support and alimony, recent income taxes, most student loans, criminal fines and restitution, and debts from fraud or drunk driving, drawn from roughly 19 categories listed in Section 523 of the Bankruptcy Code. Some survive automatically, while fraud and injury debts stay only if a creditor challenges them in time.

Before you file, sort your debts into what can and can't be erased, since that determines how much relief bankruptcy would actually give you. A nonprofit credit counselor or bankruptcy attorney can help you weigh your options and decide whether filing or an alternative makes more sense.

Key Terms

• Discharge: A court order that legally eliminates your obligation to pay eligible debts at the end of a bankruptcy case.

• Non-dischargeable debt: A debt bankruptcy can't erase, which you still owe after your case closes.

• Section 523: The part of the Bankruptcy Code that lists the categories of debt excepted from discharge.

• Domestic support obligation: Child support or alimony, which is never dischargeable and receives top priority in bankruptcy.

• Adversary proceeding: A separate lawsuit within a bankruptcy case, used to challenge or seek discharge of certain debts like fraud claims or student loans.

• Undue hardship: The legal standard, often measured by the Brunner test, that you must prove to discharge student loans.

• Presumptive fraud: Recent luxury purchases over $800 or cash advances over $1,100 that are presumed non-dischargeable because of their timing before filing.

Sources

• Legal Information Institute — 11 U.S.C. § 523 (Exceptions to Discharge)

• U.S. Courts — Discharge in Bankruptcy

• IRS — Topic No. 431, Canceled Debt

• IRS — Offer in Compromise

• Consumer Financial Protection Bureau — Bankruptcy resources

Summary generated by AI, verified by MoneyLion editors

FAQ

Here are quick answers to common questions about what debts are not discharged in bankruptcy.

What debts cannot be discharged in bankruptcy?

The main non-dischargeable debts are child support and alimony, recent income taxes, most student loans, criminal fines and restitution, and debts from fraud or drunk driving. Section 523 of the Bankruptcy Code lists roughly 19 categories in total, and they survive in both Chapter 7 and Chapter 13. Some stay non-dischargeable automatically, while others remain only if a creditor objects in time.

Can student loans be discharged in bankruptcy?

Usually not without an extra step. Federal and private student loans are presumed non-dischargeable, so you have to file a separate case called an adversary proceeding and prove that repaying them would cause undue hardship. Courts often use the Brunner test for this. It is a tough standard, but a 2022 Department of Justice process made these requests somewhat clearer.

Can I discharge tax debt in bankruptcy?

Some older income taxes can be discharged, but only if they meet strict timing rules: the return was due at least three years ago, was actually filed at least two years ago and the tax was assessed at least 240 days ago, with no fraud involved. Recent taxes, payroll taxes and fraud-related tax debt are never dischargeable, and a tax lien may survive even a discharged tax.

Does bankruptcy erase child support or alimony?

No. Child support and alimony are domestic support obligations, and they cannot be discharged in any chapter of bankruptcy. Past-due support must be paid in full, and in Chapter 13 those arrears are built into your repayment plan. The automatic stay also does not stop ongoing support collection from your income after you file.

Are medical bills and credit cards dischargeable?

Yes, in most cases. Medical bills, credit card balances and personal loans are general unsecured debts that bankruptcy can typically erase, and medical debt is one of the most common reasons people file. The main exception is recent luxury purchases or large cash advances made shortly before filing, which a court may presume non-dischargeable.