Debts That Cannot Be Discharged in a Bankruptcy

When filing for bankruptcy, the following debts cannot be discharged. If you file for Chapter 7 Bankruptcy, you will still be responsible for repaying these debts after your discharge. If you file for Chapter 13 Bankruptcy, these debts will have to be paid in full in your plan. If they are not, the balance will remain at the end of your case:

Debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case
Alimony
Debts for personal injury or death caused by driving while intoxicated
Student loans, unless it would be an undue hardship for you to repay
Fines and penalties for violating the law, including traffic tickets and criminal restitution
Recent income tax debts and all other tax debts.

The following debts may be declared non-dischargeable by a bankruptcy judge in Chapter 7 Bankruptcy if the creditor challenges your request to discharge them:

Debts you incurred on the basis of fraud
Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing
Loans or cash advances of $1,150 or more taken within 60 days of filing
Debts from willful or malicious injury to another person or another person’s property
Debts from embezzlement, larceny or breach of trust
Debts you owe under a divorce decree or settlement unless after bankruptcy you would still not be able to afford to pay them or the benefit you’d receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy).