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Which debts cannot be erased by bankruptcy often surprise people seeking financial relief. When you’re drowning in bills and facing creditor calls, bankruptcy offers a fresh start—but not every debt qualifies for elimination. Understanding these limitations before filing prevents disappointment and helps you create a realistic debt relief strategy. You’ll discover the specific obligations that survive bankruptcy, why certain debts receive protected status under federal law, and how Chapter 7 versus Chapter 13 impacts what remains after discharge. The U.S. Courts classify certain debts as non-dischargeable to balance debtor relief with creditor protection and societal obligations.
Tax debt represents one of the most common non-dischargeable obligations. Which debts cannot be erased by bankruptcy regarding taxes depends on specific timing and type criteria. Income taxes less than three years old cannot be eliminated in Chapter 7 or Chapter 13 bankruptcy. The Internal Revenue Service requires tax returns filed at least two years before bankruptcy and assessments made 240 days prior to qualify for potential discharge.
Federal and state agencies receive special protection status. Court fines, criminal restitution, and penalties survive bankruptcy discharge. Government-backed student loans fall under this category, requiring extreme hardship proof through adversary proceedings. Property tax liens attach to real estate regardless of bankruptcy filing. Your Chapter 13 repayment plan may address these obligations, but they won’t disappear through discharge alone.
Which debts cannot be erased by bankruptcy always includes domestic support obligations. Child support, alimony, and spousal maintenance receive absolute protection under bankruptcy code. These obligations continue regardless of your financial situation or bankruptcy chapter filed. Courts prioritize children’s welfare and ex-spouse support over other creditor claims.
Filing bankruptcy doesn’t stop child support enforcement actions. State agencies can still suspend licenses, garnish wages, and pursue collection remedies despite your bankruptcy discharge. Chapter 13 allows you to catch up on past-due support through your repayment plan while maintaining current payments. The Department of Health and Human Services enforces child support obligations through federal and state partnerships.
Student loans represent the most frustrating category of which debts cannot be erased by bankruptcy. Federal and private educational loans require proving “undue hardship” through separate adversary proceedings—a difficult legal standard few borrowers meet. Courts apply the Brunner test, examining your current income, future prospects, and good faith repayment efforts. Income-driven repayment plans often provide better student loan relief than bankruptcy.
Debts from fraud, embezzlement, or willful injury cannot be discharged. Credit card charges made immediately before filing with no intention to repay may be challenged as fraud. Personal injury judgments from DUI accidents survive bankruptcy. Creditors must file objections to discharge these debts, but courts take fraud claims seriously when reviewing your free bankruptcy evaluation.
Understanding which debts cannot be erased by bankruptcy empowers you to make informed decisions about debt relief options. While non-dischargeable obligations limit bankruptcy’s scope, Chapter 7 still eliminates credit cards, medical bills, and personal loans, providing substantial relief. Chapter 13 creates manageable payment plans for priority debts while discharging qualifying obligations. Your specific financial situation determines the best path forward. Most people find bankruptcy significantly improves their financial position despite non-dischargeable debts remaining. Knowledge of these limitations helps set realistic expectations and plan accordingly.
Don’t let confusion about which debts cannot be erased by bankruptcy delay your financial recovery. Experienced bankruptcy attorneys evaluate your complete financial picture, identifying dischargeable versus non-dischargeable obligations and recommending optimal strategies for debt relief. Get your comprehensive case analysis today. Attorneys, expand your practice with our network. Marketing professionals discover exclusive bankruptcy opportunities connecting clients with qualified legal help.
Chapter 13 creates structured repayment plans for non-dischargeable debts like taxes and child support while discharging eligible obligations, providing more comprehensive relief than Chapter 7.
Most student loans cannot be discharged unless you prove undue hardship through adversary proceedings, demonstrating inability to maintain minimal living standards while repaying loans.
Income taxes older than three years, with returns filed at least two years prior and assessments made 240 days before filing, may qualify for Chapter 7 discharge.
No, criminal restitution, court fines, and penalties survive bankruptcy discharge under federal law protecting government and victim interests.
Yes, creditors can object to discharging debts from luxury purchases or cash advances made within 90 days before filing, claiming fraud or abuse.
Understanding Non-Dischargeable Debts: Which Debts Cannot Be Erased by Bankruptcy Which debts cannot be erased by bankruptcy often surprise people
