What Debts Are Not Discharged in Bankruptcy?

Short answer: Child support and alimony, certain taxes, many student loans, criminal restitution and fines, and debts for injury caused by intoxicated driving commonly survive bankruptcy. Debts involving fraud, fiduciary misconduct, theft, or intentional injury may also survive if the bankruptcy court makes the required findings. A valid lien can remain on property even when personal liability is discharged.

Most ordinary unsecured debts – including many credit-card balances, medical bills, and personal loans – are different: they are often dischargeable unless a specific legal exception applies. The result still depends on the chapter, the facts behind the debt, notice to the creditor, and sometimes a separate court ruling.

At a glance

• Child support and alimony: generally not discharged. Other divorce-related obligations can differ by chapter.
• Student loans covered by the federal exception: generally survive without an undue-hardship ruling. A debtor can ask the bankruptcy court for a full or partial discharge.
• Certain taxes: not discharged. Tax type, due date, filing date, assessment date, and liens matter.
• Criminal restitution and many fines: generally not discharged. The exact statute and type of obligation control.
• Injury or death caused by intoxicated driving: not discharged when the statutory requirements are met.
• Fraud, fiduciary misconduct, theft, or willful injury: may be declared not dischargeable. Some categories require a creditor to file a timely adversary proceeding.
• Unlisted debt: can survive in some cases. Notice, actual knowledge, deadlines, and whether the case had assets matter.
• Mortgage, vehicle, or other valid lien: the lien can survive. Personal liability and the creditor's right against collateral are separate questions.

This is a screening guide, not a decision about a particular debt.

What a discharge does

A discharge is a federal court order that generally bars creditors from trying to collect discharged debts as the debtor's personal liability. According to the U.S. Courts overview of discharge, a valid lien can remain attached to property even when personal liability on the underlying debt is discharged.

That distinction matters. For example, a discharge may remove personal liability on a mortgage note while the mortgage lien remains on the home. If payments stop, the creditor may still have rights against the property under applicable law.

Debts that commonly survive bankruptcy

Federal bankruptcy law identifies several categories that are generally not discharged. Common examples include:

• certain taxes and tax claims;
• domestic support obligations such as child support and alimony;
• many government-backed or nonprofit educational loans and benefit overpayments, unless the bankruptcy court makes the findings required by law;
• debts for death or personal injury caused by operating a motor vehicle while intoxicated;
• certain criminal restitution and fines;
• debts that were not properly listed or scheduled in circumstances where the creditor did not receive legally sufficient notice; and
• some debts arising from fraud, fiduciary misconduct, theft, intentional injury, or particular credit activity before filing.

The list is not interchangeable across chapters. The Bankruptcy Code's exceptions to discharge contain definitions, exceptions, and procedural requirements that can affect the result.

What debts are usually discharged?

Many ordinary unsecured debts can be discharged in an individual bankruptcy, including credit-card balances, medical bills, unsecured personal loans, old utility bills, and some civil judgments. “Usually” is important: the source of the debt, recent account activity, collateral, creditor notice, and allegations such as fraud can change the analysis.

Listing a debt does not guarantee discharge, and discharge does not necessarily remove a lien. It gives the debtor, creditors, trustee, and court the information needed to determine the debt's treatment.

Some exceptions require a court case inside the bankruptcy

For some debt categories, a creditor must file an adversary proceeding, which is a lawsuit within the bankruptcy case, and obtain a ruling that the debt is not dischargeable. Fraud and willful-injury allegations are common examples.

Other obligations, including many domestic support obligations and certain taxes, can survive without that kind of creditor lawsuit. Deadlines and burdens differ by issue. The docket, notices, and local bankruptcy rules are important sources for a pending case.

Student loans use a separate standard

Educational debt does not all fit one simple rule. Many government-backed or nonprofit educational loans are excepted from discharge unless the bankruptcy court finds that repayment would impose the legally required level of hardship. A debtor generally seeks that determination through an adversary proceeding.

Private education debt also requires classification. Some private obligations fall within federal education-loan exceptions and some do not. The lender's label alone does not resolve the question. Loan documents, the school, the amount borrowed, and how the funds were used can matter.

The U.S. Department of Justice publishes its current process and documents for certain federal student-loan discharge cases, but a court makes the dischargeability decision.

Taxes require a fact-specific timeline

The word “taxes” covers different debts. Income taxes, trust-fund taxes, tax liens, penalties, and recently assessed taxes can receive different treatment. Filing dates, due dates, assessment dates, returns, extensions, and prior proceedings can all matter.

Even when personal liability for a tax is discharged, a preexisting tax lien may remain against property. Tax records and account transcripts provide more reliable information than a balance shown on a single notice.

Support and divorce-related debts are not the same category

Domestic support obligations generally are not discharged in Chapter 7 or Chapter 13. Other debts created by a divorce or separation agreement may be treated differently depending on the chapter and the nature of the obligation.

A label in a divorce decree does not always control the bankruptcy classification. Courts can consider the substance and function of the obligation. Bankruptcy also does not modify child custody or dissolve a marriage.

Chapter 7 and Chapter 13 do not have identical discharges

Chapter 7 typically produces a relatively prompt discharge for an eligible individual after administration of the case. Chapter 13 generally requires completion of a court-approved repayment plan before the standard discharge is entered.

The categories excluded from a standard Chapter 13 discharge overlap substantially with Chapter 7, but they are not identical. For example, some divorce-related property obligations can receive different treatment in a standard Chapter 13 discharge than in Chapter 7. A hardship discharge in Chapter 13 is narrower. The U.S. Courts Chapter 13 overview describes the basic plan and discharge framework. The separate Chapter 7 versus Chapter 13 guide explains the broader structural differences.

Secured debts, liens, and reaffirmation

Secured debt involves both personal liability and a creditor's interest in collateral. Bankruptcy can affect those two components differently.

Possible issues include:

• whether the lien is valid and properly perfected;
• whether payments remain current;
• whether the debtor claims an exemption;
• whether the trustee has an interest in the property;
• whether a Chapter 13 plan changes payment terms allowed by law; and
• whether a reaffirmation agreement is proposed in Chapter 7.

A reaffirmation agreement can preserve personal liability that otherwise might be discharged. It is a formal agreement subject to Bankruptcy Code requirements, disclosures, filing rules, and sometimes court review.

A practical way to organize the question

For each debt, the useful source records usually include the creditor name, account number, balance, collateral, agreement, payment history, collection or lawsuit documents, and the event that created the debt. Tax transcripts, divorce orders, criminal judgments, and loan documents can be especially important for the categories they address.

A written list can separate three different questions:

1. Is personal liability potentially dischargeable?
2. Is there a lien or other right against property?
3. Is a separate court filing or ruling required?

Those questions help explain why “included in the bankruptcy” and “discharged” are not always the same thing.

Common Questions

Are credit-card debts discharged in bankruptcy? Many credit-card balances are unsecured debts that can be discharged. A court can treat a debt differently when a statutory exception applies, including certain fraud findings or qualifying credit activity shortly before filing.

Are medical bills discharged in bankruptcy? Medical bills are often unsecured debts and can commonly be discharged. A lien, insurance dispute, settlement issue, or unusual source of the obligation can require separate analysis.

Can student loans ever be discharged? Yes. A debtor can ask the bankruptcy court to discharge qualifying educational debt by proving the required undue hardship, usually through an adversary proceeding. The type of loan matters, and the Department of Justice has a standardized process for certain federal student-loan cases.

Does bankruptcy remove a mortgage or car lien? Not automatically. A discharge can remove personal liability while a valid lien remains attached to the home, vehicle, or other collateral. If payments stop, the creditor may still have rights against the property.

Are the same debts excluded from Chapter 7 and Chapter 13 discharge? No. The lists overlap, but the standard Chapter 13 discharge and Chapter 7 discharge are not identical, and a Chapter 13 hardship discharge is narrower. The chapter and the exact kind of obligation both matter.

Where to find authoritative information

The U.S. Courts Bankruptcy Basics pages explain the federal process. The official text of 11 U.S.C. § 523 lists exceptions to discharge, while 11 U.S.C. § 1328 governs Chapter 13 discharge. Bankruptcy court websites publish local rules, forms, calendars, and self-help information. A licensed bankruptcy attorney can analyze a particular debt, chapter, deadline, and court record.

This page provides general legal information, not legal advice. Bankruptcy outcomes depend on the facts, chapter, court rulings, and law applicable to the case.