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What Two Debts Cannot Be Erased | Your Bankruptcy Discharge Guide
Debt Discharge Defined: What Two Debts Cannot Be Erased in Bankruptcy Understanding what two debts cannot be erased is one
April 17, 2026
What Two Debts Cannot Be Erased | Your Bankruptcy Discharge Guide
Debt Discharge Defined: What Two Debts Cannot Be Erased in Bankruptcy
Understanding what two debts cannot be erased is one of the most important things a person can know before filing for bankruptcy protection. While Chapter 7 and Chapter 13 bankruptcy offer genuine debt relief and a path toward a fresh start, the bankruptcy code draws a clear line around certain obligations that survive the discharge process entirely. Knowing where those lines fall helps you make informed decisions about your financial future.
BankruptcyAttorneys.net works with individuals navigating Chapter 7 and Chapter 13 bankruptcy to help them understand exactly which debts can be discharged and which obligations will remain after their case concludes. Not every debt is treated equally under the bankruptcy code, and that distinction matters enormously when you are planning your path forward.
The two categories most commonly associated with what two debts cannot be erased are student loans and domestic support obligations, which include child support and alimony. These two debt types are treated as nondischargeable under federal bankruptcy law in nearly all circumstances, meaning they survive both Chapter 7 liquidation and Chapter 13 repayment plan completion. Understanding why these debts are protected and how bankruptcy still provides meaningful relief around them is the focus of this guide.
Nondischargeable Debt Unpacked: What Two Debts Cannot Be Erased and Why
The bankruptcy code under Title 11 of the United States Code establishes a specific list of debts that cannot be eliminated through a discharge order. While the full list extends beyond two categories, student loans and domestic support obligations are the two most frequently encountered by individual filers and the two most likely to affect your long-term financial picture after bankruptcy.
Student Loans and the Undue Hardship Standard
Student loan debt is nondischargeable in bankruptcy unless the filer can demonstrate undue hardship through a separate legal proceeding called an adversary proceeding. The undue hardship standard is a high legal bar that requires showing the debt creates a severe and persistent burden on your financial situation with no reasonable prospect of repayment. Courts apply different tests across jurisdictions, but the standard is consistently difficult to meet. For most filers, student loans will remain after bankruptcy concludes.
This does not mean bankruptcy is without value if you carry student loan debt. Discharging other qualifying obligations through Chapter 7 or restructuring them through a Chapter 13 repayment plan can free up income and reduce financial pressure, making remaining student loan payments more manageable.
Domestic Support Obligations
Child support and alimony represent the other primary answer to what two debts cannot be erased. These obligations are given the highest priority status under the bankruptcy code and are explicitly nondischargeable in both Chapter 7 and Chapter 13. Arrears on domestic support obligations must also be paid in full through a Chapter 13 repayment plan before any discharge can be entered.
The reasoning behind this protection is rooted in public policy. Domestic support obligations exist to protect dependent individuals, and the bankruptcy code reflects a deliberate decision to shield those obligations from elimination regardless of the filer’s financial circumstances.
Beyond the Two: Other Debts That Commonly Survive Discharge
While student loans and domestic support obligations are the two debts most associated with what two debts cannot be erased, the bankruptcy code identifies additional categories of nondischargeable debt that filers should understand before filing.
Tax Debts and Discharge Eligibility
Certain tax debts can be discharged in bankruptcy, but many cannot. Income taxes that meet specific age and filing requirements under the bankruptcy code may qualify for discharge in Chapter 7. However, recent tax debts, payroll taxes, and taxes for which a return was never filed are generally nondischargeable. A bankruptcy attorney can evaluate your specific tax obligations to determine which portion, if any, may be eligible for discharge.
Debts Arising From Fraud or Willful Misconduct
Debts obtained through fraudulent misrepresentation or debts tied to intentional wrongful acts are nondischargeable under the bankruptcy code. If a creditor successfully proves that a debt was incurred through fraud, that obligation survives the discharge order regardless of which chapter you file under. This category also includes debts arising from embezzlement, larceny, and breach of fiduciary duty.
Criminal Restitution and Fines
Fines, penalties, and restitution orders imposed as part of a criminal sentence are nondischargeable in bankruptcy. These obligations exist to serve punitive and rehabilitative purposes that the bankruptcy system does not override.
Debt Type | Dischargeable in Chapter 7 | Dischargeable in Chapter 13 |
Student loans | Generally no | Generally no |
Child support and alimony | No | No |
Recent income taxes | Generally no | Generally no |
Older qualifying income taxes | Potentially yes | Potentially yes |
Credit card debt | Yes | Yes, remaining balance at plan end |
Medical bills | Yes | Yes, remaining balance at plan end |
Fraud-related debts | No | No |
Criminal fines and restitution | No | No |
Chapter Differences Explored: How Each Handles What Two Debts Cannot Be Erased
The existence of nondischargeable debt does not make bankruptcy ineffective. Both Chapter 7 and Chapter 13 offer structured tools for managing the debts that can be discharged while creating a framework for addressing those that cannot.
How Chapter 7 Addresses Nondischargeable Debt
Chapter 7 bankruptcy eliminates qualifying unsecured debts through a liquidation process that typically concludes within a few months. While student loans and domestic support obligations survive, the elimination of other debt through Chapter 7 can significantly reduce your overall financial burden, freeing resources to address nondischargeable obligations. The automatic stay also provides temporary relief from most collection actions during the case, giving you breathing room to stabilize your situation.
How Chapter 13 Provides a Structured Path Forward
Chapter 13 offers a distinct advantage for filers with nondischargeable debt. Through a multi-year repayment plan, Chapter 13 allows you to catch up on domestic support arrears, address tax obligations in an organized way, and manage student loan payments alongside other restructured debts. The repayment plan provides structure and court protection during the repayment period, and any remaining qualifying unsecured debt is discharged upon successful completion.
For filers whose primary challenge involves debts that fall outside what two debts cannot be erased, Chapter 7 may be the more direct path. For filers managing a mix of dischargeable and nondischargeable obligations alongside asset protection needs, Chapter 13 often provides greater overall value.
Strategic Filing Guidance: Planning Around What Two Debts Cannot Be Erased
Knowing what two debts cannot be erased before you file allows you and your bankruptcy attorney to build a strategy that addresses your full financial picture rather than discovering limitations after the fact.
Evaluating Your Debt Profile Before Filing
A thorough pre-filing review should categorize every debt you carry as either potentially dischargeable or nondischargeable. This exercise clarifies what relief bankruptcy can realistically provide and helps set accurate expectations for life after your case concludes. A bankruptcy attorney will walk through this analysis with you and identify any debts that may require additional legal steps, such as an adversary proceeding for student loan hardship.
Timing Considerations for Tax Debt
Because some income tax debts can become dischargeable once they meet the bankruptcy code’s age and filing requirements, timing your bankruptcy filing strategically around tax debt can affect the outcome of your case. Your attorney will evaluate whether waiting a period of time before filing would expand the portion of your tax obligations that qualify for discharge.
What Two Debts Cannot Be Erased
Student loans and domestic support obligations are the two debts most commonly identified as nondischargeable in bankruptcy. Child support and alimony cannot be eliminated through either Chapter 7 or Chapter 13 under any circumstances. Student loans require meeting a high legal standard of undue hardship through a separate court proceeding, which most filers do not pursue.
Beyond these two, fraud-related debts, criminal fines, and certain tax obligations also survive discharge. However, bankruptcy still provides meaningful relief by eliminating other qualifying debts, reducing overall financial pressure, and creating structure for managing what remains. Understanding the full landscape of what two debts cannot be erased helps you approach the bankruptcy process with clear and realistic expectations.
Take the Next Step: Get Clarity on What Two Debts Cannot Be Erased in Your Case
Bankruptcy Attorneys can help you work through these distinctions and understand which path forward makes the most sense given the types of debt you are carrying. Whether your situation involves a mix of dischargeable and non-dischargeable obligations, or you simply need clarity on what bankruptcy can and cannot do for you, getting informed is the right first step. You can start your evaluation at no cost and with no obligation to move forward, giving you the opportunity to speak with someone who understands the legal landscape around complex debt situations. If you prefer to do more research first, browsing common bankruptcy questions can help you build a clearer picture of the process before taking any next steps.
For attorneys who handle cases involving student loans, domestic support obligations, or other complex debt structures, reaching clients at the right moment in their research process is critical. Qualified legal leads through Legal Brand Marketing connect bankruptcy attorneys with individuals who are actively exploring their options, making it easier to identify potential clients whose situations align with your areas of practice and grow your caseload with purpose.
Frequently Asked Questions
1. What two debts cannot be erased in any bankruptcy chapter?
Student loans and domestic support obligations, meaning child support and alimony, are the two debts most consistently identified as nondischargeable across all bankruptcy chapters. These obligations survive both Chapter 7 and Chapter 13 discharge under nearly all circumstances and must be addressed outside the discharge process.
2. Can student loans ever be discharged in bankruptcy?
Student loans can be discharged only if the filer successfully proves undue hardship through a separate adversary proceeding filed within the bankruptcy case. The undue hardship standard is legally demanding and requires demonstrating that repayment would create a severe and ongoing burden with no reasonable prospect of improvement. Most filers do not meet this standard, though bankruptcy attorneys can evaluate individual circumstances.
3. Does bankruptcy stop collection on nondischargeable debts permanently?
The automatic stay halts most collection activity temporarily when a bankruptcy case is filed, including on nondischargeable debts. However, once the case concludes, creditors holding nondischargeable obligations can resume collection. Chapter 13 provides a longer period of structured protection through the repayment plan, but nondischargeable debts ultimately survive and must be paid.
4. How does Chapter 13 help with debts that cannot be erased?
Chapter 13 allows filers to address nondischargeable debts, such as domestic support arrears and qualifying tax obligations, within a structured court-approved repayment plan. This provides an organized framework for catching up on these obligations while simultaneously discharging eligible unsecured debts at the conclusion of the plan period.
5. What happens to tax debt in bankruptcy?
Tax debt treatment in bankruptcy depends on the type of tax and how old the obligation is. Older qualifying income taxes may be dischargeable under specific conditions set by the bankruptcy code. Recent income taxes, payroll taxes, and taxes tied to unfiled returns are generally nondischargeable. A bankruptcy attorney can review your tax history to determine which obligations may qualify for discharge.
Key Takeaways
- Student loans and domestic support obligations are the two debts most consistently identified as nondischargeable under the federal bankruptcy code in both Chapter 7 and Chapter 13.
- Domestic support obligations, including child support and alimony, receive the highest priority status and cannot be eliminated through any bankruptcy chapter.
- Student loan discharge requires meeting a high undue hardship standard through a separate adversary proceeding, which most filers do not pursue.
- Bankruptcy still provides meaningful debt relief even when nondischargeable debts are present by eliminating qualifying obligations and reducing overall financial pressure.
- A bankruptcy attorney can evaluate your full debt profile before filing to clarify which obligations are dischargeable and build a strategy around those that are not.
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