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Facing overwhelming debt creates immense stress, especially when you’re uncertain which obligations will remain after bankruptcy. Chapter 13 bankruptcy offers structured debt relief through a court-approved repayment plan but not all debts disappear when you complete it.
What things are not dismissed with Chapter 13 bankruptcy include specific priority and non-dischargeable debts that federal law protects. Understanding these obligations before filing helps you create realistic expectations for your financial future. This guide explains which debts survive Chapter 13 discharge, why they remain, and how to plan for post-bankruptcy financial freedom.
Domestic support obligations always remain after Chapter 13 discharge. Child support and spousal maintenance protect family welfare, making them non-dischargeable under 11 U.S.C. § 523(a)(5). The Internal Revenue Service enforces tax obligations on these payments, and the Department of Health and Human Services oversees child support enforcement programs nationwide.
Your Chapter 13 plan typically includes these obligations as priority payments. Missing domestic support payments during your repayment plan can result in case dismissal. After discharge, you remain fully responsible for any ongoing or past-due amounts, and creditors can pursue wage garnishment or contempt proceedings.
Recent income tax debts survive Chapter 13 bankruptcy. The U.S. Courts system recognizes that certain recent income tax debts that do not meet discharge requirements, plus unfiled returns and fraudulent filings, remain non-dischargeable. Property taxes accrued within one year also survive discharge.
Trust fund taxes, including payroll tax withholdings you collected as an employer, never discharge in bankruptcy. These government obligations carry serious consequences, including federal tax liens that attach to property even after discharge. Priority tax claims receive payment through your Chapter 13 plan, but any remaining balance after plan completion becomes your responsibility.
Secured debts require special attention in Chapter 13 bankruptcy. Your mortgage and car loans remain enforceable against collateral even after discharge. If you want to keep your home or vehicle, you must continue making payments according to your plan.
Chapter 13 allows you to cure mortgage arrears through your repayment plan while maintaining current payments. However, the underlying secured obligation generally remains tied to the collateral, subject to the terms of the confirmed plan and applicable law. What things are not dismissed with Chapter 13 include the creditor’s right to repossess or foreclose if you default after discharge.
Federal and private student loans rarely discharge in Chapter 13. Proving “undue hardship” requires a separate adversary proceeding, which courts interpret strictly. Most filers include student loans in their repayment plan, paying a percentage based on disposable income, but the remaining balance survives discharge.
This creates long-term financial obligations after bankruptcy completion. Courts apply a strict legal standard when evaluating student loan discharge requests. Income-driven repayment plans often provide better post-bankruptcy relief for educational debt than discharge efforts.
Debts arising from fraud, false pretenses, or willful and malicious injury cannot be discharged. Credit card charges immediately before filing for luxury goods or cash advances may survive discharge if creditors prove fraudulent intent.
Court judgments for intentional torts, including assault or property destruction, remain enforceable after Chapter 13. Criminal fines, restitution orders, and penalties for unlawful conduct also survive discharge. These protections ensure accountability while while allowing debtors to address qualifying obligations under bankruptcy law.
What things are not dismissed with Chapter 13 include priority obligations and specific non-dischargeable debts, but successful plan completion eliminates most unsecured debt. Understanding which obligations survive discharge helps you plan realistic post-bankruptcy budgets and plan for post-bankruptcy financial management. The remaining debts become manageable when you’re free from dischargeable obligations like medical bills, credit cards, and personal loans.
Determining what things are not dismissed with Chapter 13 depends on your individual circumstances. A licensed bankruptcy attorney can review your debts and explain how discharge limitations may apply to your situation. You may wish to speak with an attorney to better understand your options under Chapter 13 bankruptcy law.
Student loans are generally not discharged in Chapter 13 unless a court determines that the legal standard for undue hardship has been met through a separate proceeding.
Yes, all domestic support obligations including child support and alimony remain fully enforceable after discharge, and you must continue making these priority payments.
Certain income tax debts that do not meet discharge requirements may survive Chapter 13 discharge, though your repayment plan may include these obligations as priority claims.
Your mortgage remains secured by your property, and you must continue payments to keep your home, though Chapter 13 helps cure arrears through your repayment plan.
No, criminal fines, restitution orders, and penalties for unlawful conduct cannot be discharged and remain your responsibility after plan completion.
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Understanding Chapter 13: What Debts Survive Facing overwhelming debt creates immense stress, especially when you’re uncertain which obligations will remain
