Dischargeable vs. Non-Dischargeable
Non-Dischargeable Debts: What Bankruptcy Can and Cannot Erase
Bankruptcy can eliminate many types of debt, but not all of them. Understanding which debts survive — and which can be discharged — helps set realistic expectations before you file.
Educational, not legal advice
What "discharge" means
A discharge is the court order that permanently releases you from personal liability for certain debts. Once a debt is discharged, the creditor can no longer sue you, call you, garnish your wages, or take any other action to collect it. The discharge is the end goal of most bankruptcy cases — but federal law draws a clear line between debts that can be discharged and debts that Congress has decided must survive bankruptcy for public-policy reasons.
Generally dischargeable
- Most credit card debt
- Medical and hospital bills
- Personal loans and payday loans
- Past-due utility bills
- Older income tax debt that meets specific conditions
- Civil court judgments for breach of contract
Generally not dischargeable
- Most student loans, unless you prove undue hardship
- Child support and alimony
- Recent income tax debt (generally less than 3 years old)
- Court fines and criminal restitution
- Debts for personal injury or death caused by drunk driving
- Debts obtained through fraud or false statements
The special case of taxes
Income tax debt can sometimes be discharged in bankruptcy, but only if it meets a strict set of conditions — typically that the return was due more than three years ago, was actually filed at least two years ago, and the tax was assessed at least 240 days before filing, with no fraud or willful evasion. Newer tax debt, payroll taxes, and tax penalties tied to non-dischargeable taxes generally survive. Because the rules are detailed and fact-specific, tax debt is one of the most common reasons people get an attorney's help before filing.
Student loans and "undue hardship"
Student loans are presumed non-dischargeable unless you can prove that repaying them would impose an "undue hardship." Most courts apply a demanding test that looks at whether you can maintain a minimal standard of living, whether your hardship is likely to persist for much of the repayment period, and whether you made a good-faith effort to repay. Discharging student loans is possible but rare, and it usually requires a separate lawsuit within the bankruptcy case.
Even when a debt is non-dischargeable, bankruptcy may still help. The automatic stay can pause collection temporarily, and a Chapter 13 plan can let you pay priority debts like recent taxes or support arrears over three to five years without interest in some cases.
What to discuss with an attorney
Before filing, list every debt you owe and bring it to a qualified attorney. Whether a particular debt is dischargeable can depend on the creditor's type, the age of the debt, how it was incurred, and the chapter you file. An attorney can confirm which of your debts will likely be eliminated and which will remain after your case closes.
Speak with Ginsburg Law Group, P.C.Last legal review: 2026-03-01
Sources: 11 U.S.C. § 523 — Exceptions to discharge; U.S. Courts — Bankruptcy Basics
Discharge rules reflect general federal bankruptcy concepts; specific outcomes depend on the chapter filed and the facts of each case.