What debt is not dischargeable in bankruptcy comes down to a specific list under 11 U.S.C. § 523. Bankruptcy wipes out most unsecured debt. But a handful of categories survive no matter which chapter someone files. Knowing what’s on that list before filing avoids a nasty surprise after the case closes.
What debt is not dischargeable in bankruptcy: student loans, mostly
Student loans are the debt most people assume can never be discharged, and that’s close to accurate. Discharging one requires proving undue hardship. Courts apply that standard narrowly and unevenly across the country. It’s not automatic, and it’s not impossible, but it takes a separate legal proceeding within the bankruptcy case rather than a routine filing.
Domestic support obligations never go away
Child support and spousal support survive bankruptcy entirely, regardless of chapter. Congress carved these out deliberately. The theory is simple: a filer’s creditors shouldn’t come ahead of dependents relying on support payments. This applies whether the debt is current support or arrears that built up before filing.
Recent taxes usually survive too
Older income tax debt can sometimes be discharged, but recent taxes generally can’t. The rules turn on specific timing windows tied to when a return was due and when it was actually filed. Taxes tied to fraud or a willfully unfiled return don’t qualify regardless of age. Payroll taxes withheld from employees but never remitted don’t discharge at all.
Fraud, willful injury, and a few other carve-outs
Debt incurred through fraud, embezzlement, or larceny stays on the hook. So does debt from willful and malicious injury to another person or their property. Debts arising from driving under the influence that caused death or injury fall into this category too. A few other items generally survive as well: certain fines and penalties owed to a government unit, and debt a filer failed to list on their bankruptcy schedules in a way that kept the creditor from participating in the case.
The bottom line
What debt is not dischargeable in bankruptcy is a defined list, not a matter of chance: student loans absent undue hardship, domestic support obligations, most recent taxes, and debt tied to fraud or willful injury. Everything else — credit cards, medical bills, personal loans, most older tax debt — is generally fair game for discharge under Chapter 7 or Chapter 13.
Frequently asked questions
Only by proving undue hardship in a separate legal proceeding within the case — it’s not automatic, and courts apply the standard narrowly.
No. Domestic support obligations, including arrears, survive bankruptcy entirely regardless of which chapter is filed.
Sometimes, if specific timing windows are met. Recent taxes, fraud-related taxes, and unremitted payroll taxes generally don’t discharge.
No. Debt from fraud, embezzlement, or willful and malicious injury stays on the hook regardless of chapter.
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This article explains the general categories of nondischargeable debt in bankruptcy. It is general information, not legal advice. Whether a specific debt discharges depends on the exact facts involved — confirm with a qualified attorney.