Bankruptcy discharges most bills, but domestic support, recent taxes, and most student loans are nondischargeable debts that survive Chapter 7 and Chapter 13.
Filing for bankruptcy wipes out most consumer debt, but not all of it. “Nondischargeable debts” are obligations bankruptcy won’t erase, and they include support obligations, most recent tax bills, and most student loans. Knowing whether you have nondischargeable debt—and how much dischargeable debt you can wipe out—will help you decide if bankruptcy is worth filing and which chapter fits your situation. Before you file, you’ll want to know whether you can erase or “discharge” all of your debts, and whether you have nondischargeable debt bankruptcy won’t eliminate.
What Debts Aren't Discharged in Bankruptcy?
The debts that survive bankruptcy—domestic support, most taxes, and most student loans among them—are the debts listed on the bankruptcy court’s discharge order. The easiest way to explain nondischargeable debt is to show you exactly what’s on that order.
The Chapter 7 bankruptcy discharge order lists the following nondischargeable debts:
- domestic support obligations
- divorce and property settlement debts
- student loans
- most taxes
- some unlisted or improperly listed debts
- any debt ordered not discharged (usually because of fraud or presumptive fraud)
- most fines, penalties, forfeitures, and criminal restitution obligations
- some loans owed to pension, profit-sharing, stock bonus, or retirement plans
- debts for death or personal injury caused by operating a vehicle while intoxicated, and
- debts covered by a reaffirmation agreement.
The Chapter 13 bankruptcy discharge order is slightly different and lists the following nondischargeable debts (you can wipe out a few more things in Chapter 13):
- domestic support obligations
- most student loans
- some unlisted or improperly listed debts
- some taxes not paid in full under the plan
- any debt ordered not discharged (usually because of fraud or presumptive fraud)
- restitution or criminal fine included in a debtor’s criminal conviction sentence
- long-term obligations when the final payment is due after the plan ends (usually house payments and student loans)
- unauthorized post-filing debts that are added to the case as claims under § 1305(a)(2) without required trustee approval
- civil restitution or damages awarded for personal injury or death caused by the debtor’s malicious or willful acts, and
- debts for death or personal injury caused by operating a vehicle while intoxicated.
Which Debts Can I Discharge in Bankruptcy?
You can discharge most everyday consumer debt in bankruptcy, with credit cards, medical bills, and personal loans being the most common examples. Bankruptcy law doesn’t actually spell out which bills can be erased; it only lists nondischargeable debts. But because it’s easier to wrap your head around the bills you can wipe out, we’ve listed the things you can almost always get rid of. Your bankruptcy lawyer will help you identify any other dischargeable debts you might have.
In Chapters 7 and 13, you can eliminate:
- credit card balances
- medical and utility bills
- personal and payday loans
- promissory notes
- most car accident-related debts
- leases and contracts
- lawsuit judgments (judgment liens don’t go away without a successful bankruptcy motion), and
- mortgages, car loans, and other secured obligations (you won't get to keep the property unless you agree to pay what you owe).
If you file for Chapter 13, you can erase these debts, too:
- some civil fines and penalties
- debt incurred to pay a nondischargeable tax debt
- debts you couldn't discharge in a previous bankruptcy, and
- property settlement debts in a marital settlement agreement.
What Happens to Nondischargeable Debt After You File?
Nondischargeable debt doesn’t disappear. You’ll still owe it once your case ends, while dischargeable debt is erased automatically once you fulfill your chapter’s requirements. What happens to your nondischargeable debt in the meantime depends on the bankruptcy chapter you file.
Nondischargeable Debt in Chapter 7
In Chapter 7 bankruptcy, you’ll pay your nondischargeable debt after the court removes the automatic stay that stops creditor collections. You’ll likely owe the same amount owed before filing. However, you could owe less if the Chapter 7 trustee sold property and used the funds to pay “priority” debts, like support obligations and back taxes.
Nondischargeable Debt in Chapter 13
If you choose Chapter 13 bankruptcy, you’ll pay most nondischargeable debts in full through your plan. Typical exceptions include long-term obligations such as a house payment if you keep the house and student loans. Except for these two debts, most filers emerge from Chapter 13 debt-free.
How the Bankruptcy Discharge Order Works
The bankruptcy court doesn’t send you a list of the debts it discharged. It does the opposite. The “Order of Discharge” form you’ll receive by mail lists only the debts that don’t go away in bankruptcy (it will list the same debts we listed above), and it won’t reference any obligations listed in your bankruptcy paperwork that were, in fact, discharged.
After your case ends, if a creditor tries to collect a dischargeable debt, give the creditor the court location, case number, and discharge date listed at the top of the order. Creditors almost always stop calling because they know which debts get discharged and that continuing collection attempts could result in a fine.
Other Bankruptcy Debt Discharge Rules to Know
Two exceptions can complicate an otherwise straightforward nondischargeable-debt list: some debts are dischargeable only if you meet extra legal requirements, and others are dischargeable unless a creditor successfully objects. Because of that, it’s best to retain a bankruptcy lawyer when possible. Don’t let these things take you by surprise.
Some Debts Might Be Dischargeable
You’ll remain responsible for student loans in most situations. However, filers who can convince a bankruptcy judge that they’d never be able to repay their student loans can get them discharged. The upside is that the Department of Justice now works with the Department of Education to review a debtor’s attestation about their ability to repay, and in many cases will agree to a full or partial discharge without a trial.
Other debts also won’t be discharged unless you meet legal requirements. For instance, discharging income taxes won’t happen until a particular time has elapsed and you meet other conditions.
When a Creditor Must Ask for a Nondischargeable Debt Order
Some debts get wiped out unless a creditor convinces the court that you should remain obligated to repay them (the creditor would ask the court to find the debt nondischargeable using an adversarial proceeding). These debts arise from:
- willful and malicious acts
- embezzlement, larceny, or breach of fiduciary duty
- failing or incorrectly listing creditors, and
- fraud and presumptive fraud.
Presumptive fraud usually occurs when you use a credit card to purchase luxuries of more than $900 from a single creditor within 90 days of filing for bankruptcy. Presumptive fraud also applies to cash advances of more than $1,250 taken from a single creditor within 70 days of filing. (11 U.S.C. § 523(a)(2)(C)(i)(I); figures are current for cases filed between April 1, 2025, and March 31, 2028.)
Talk to a Bankruptcy Lawyer Before You File
Because qualifying for a discharge is more often complicated than not, your safest move is to talk to a bankruptcy attorney before you file, not after. An attorney can confirm which of your debts are nondischargeable, whether Chapter 7 or Chapter 13 fits your situation better, and how to handle any debt bankruptcy won’t erase.
In the meantime, here are more easy-to-understand articles:
- Will I Lose All My Property If I File for Bankruptcy?
- How Long Before Filing for Bankruptcy Are You Supposed to Stop Using Credit Cards?
- Running Up Credit Card Debt Before Bankruptcy: Is It Fraud?
- How Much Debt Do I Need to File for Bankruptcy?
- Questions to Expect at the 341 Meeting in Your Bankruptcy Case
Take our bankruptcy quiz to identify potential issues and learn how to best proceed with your bankruptcy case.
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