Debts bankruptcy cannot wipe out

How does the discharge exception rule actually work?

Start from the default: everything is dischargeable unless Congress said otherwise. The District of Arizona's court guidance puts it plainly, describing dischargeable debts as debts that may be discharged under a chapter of the Bankruptcy Code, and adding that all debts are dischargeable unless a specific provision of the Bankruptcy Code defines them as nondischargeable (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?).

That specific provision is 11 U.S.C. § 523(a). It opens by saying a discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) does not discharge an individual debtor from a list of debt types. Everything else in your schedules is presumptively wiped.

So the analysis is narrow, not open-ended. You are not asking whether a debt feels forgivable. You are asking whether it fits one of the enumerated categories in § 523(a), and if it does, whether that category applies on its own or only after a creditor proves something in court.

• Default rule: the debt is discharged.
• Exception: it fits a category listed in 11 U.S.C. § 523(a).
• The discharge is personal — it does not erase liens on property.

Which debts are commonly on the nondischargeable list?

The Northern District of Iowa's court FAQ gives a working inventory. It states that the most common types of nondischargeable debts are certain types of tax claims, debts for domestic support obligations, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated, and debts owed to certain tax-advantaged retirement plans (Bankr. N.D. Iowa official page — FAQs: Debtor).

The official notice given to every consumer filer says the same thing in the second person. It warns that even if you file Chapter 7 and receive a discharge, some debts are not discharged under the law, so you may still be responsible to pay most taxes, most student loans, domestic support and property settlement obligations, most fines, penalties, forfeitures, and criminal restitution obligations, and certain debts that are not listed in your bankruptcy papers (Bankr. E.D. La. official guidance — Chapter 7 Form Packet).

What changes the answer for a particular debt?

Three things move the outcome most often. The first is timing. Section 523(a)(1) excepts taxes of the kind and for the periods specified in 11 U.S.C. § 507(a)(3) or § 507(a)(8), and it separately excepts taxes for which a required return was never filed, or was filed after its last due date and after two years before the petition date. The Arizona court guidance echoes this, noting some debts, particularly tax debts, are dischargeable only if they were incurred three or four years before the filing of your bankruptcy case.

The second is conduct. Section 523(a)(2) reaches money, property, services, or credit obtained by false pretenses, false representation, or actual fraud, and it creates presumptions of nondischargeability for recent luxury purchases and recent cash advances taken shortly before the order for relief.

The third is which chapter you file. The two consumer chapters do not draw the line in the same place.

• When the debt arose, and when any required return was filed.
• How the debt was incurred — fraud, false written statements, or intentional injury.
• Whether the creditor was listed in your schedules in time to act.
• Which chapter you file, and whether you complete the plan payments.

What does federal law say in Chapter 7 versus Chapter 13?

In Chapter 7 the discharge comes from 11 U.S.C. § 727, and § 523(a) carves its full list out of it. The Iowa court FAQ notes that a slightly broader discharge of debts is available to a debtor in a Chapter 13 case than in a Chapter 7 case.

The reason is textual. Section 1328(a) grants a discharge of all debts provided for by the plan, except any debt of the kind specified in 11 U.S.C. § 507(a)(8)(C) or in paragraph (1)(B), (1)(C), (2), (3), (4), (5), (8), or (9) of section 523(a). That is a subset, not the whole list. Section 1328(a) then separately excepts restitution or a criminal fine included in a sentence on a criminal conviction, and restitution or damages awarded in a civil action for willful or malicious injury causing personal injury or death.

A Chapter 13 discharge under § 1328(b), granted without completing plan payments, is narrower: it excepts any debt of a kind specified in § 523(a).

Where do state or local rules come into this?

The list of nondischargeable debts is federal and does not change when you cross a state line. Section 523(a) applies the same way in every district, which is why this page does not vary by state.

State law does two other things. It supplies the substance behind some of the debts — a support order, a judgment, a criminal sentence all come from a state court. And it controls what property you can keep, because 11 U.S.C. § 522(b)(3) points to state or local exemption law, and some states have opted out of the federal exemption list entirely (see Cal. Civ. Proc. Code § 703.130, Ala. Code § 6-10-11, and K.S.A. 60-2312 as examples).

That matters here for one reason. Section 522(c)(1) treats exempt property differently depending on the tax: dischargeable taxes cannot be collected from exempt assets, while nondischargeable taxes remain collectable out of exempt property. Exemption amounts live on the state pages.

• The § 523(a) list itself is uniform nationwide.
• State law creates the underlying support orders, judgments and sentences.
• State law determines exemptions, which can affect what a surviving creditor can reach.

What does this look like in practice after discharge?

Two things usually surprise people. The first is liens. The Iowa court FAQ explains that the discharge order only relieves the debtor of the personal obligation to pay the debt, and that valid liens against the debtor's property that existed prior to the filing generally pass through the bankruptcy unaffected. The Alabama court guide says the same: the discharge does not prevent secured creditors from seizing collateral if payments are not kept up (U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide).

The second is collection during the case. The Arizona guidance notes that you are not protected by the automatic stay from most domestic relations proceedings and judgments, such as divorces, paternity, child support, visitation, spousal maintenance and alimony, or from most criminal proceedings.

There is also a reaffirmation route. The Alabama guide describes a reaffirmation agreement as a contract by which a debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt, filed before discharge is entered, and it advises consulting counsel first.

• A discharged debt with a valid lien can still cost you the collateral.
• Support and most criminal proceedings commonly continue during the case.
• A reaffirmation agreement puts a dischargeable debt back on you.

What documents and information does this involve?

The core document is your creditor list. Section 523(a)(3) excepts a debt that was neither listed nor scheduled, with the creditor's name if known to you, in time to permit that creditor to act. The Louisiana packet's consumer notice repeats the practical version: certain debts that are not listed in your bankruptcy papers may survive.

You will also be working with the standard individual schedules. The Iowa instructions describe Schedule A/B for property, Schedule C for the property you claim as exempt, Schedule D for creditors with claims secured by property, Schedule E/F for creditors with unsecured claims, Schedule G for executory contracts and leases, and Schedule H for codebtors (Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals). Where a debt lands on Schedule D or E/F affects how it is treated.

For tax debts, return filing dates matter directly, because § 523(a)(1)(B) turns on whether a required return was filed and when.

• A complete creditor matrix, with correct names and addresses.
• Tax return filing dates for each year you owe.
• Support orders, judgments and any criminal sentence imposing restitution.
• Loan and lien documents showing which debts are secured.

What should you ask a bankruptcy lawyer about this?

This is the part of bankruptcy where a wrong assumption is expensive, because the debts at issue are the ones that survive. Bring a written list of every debt you are worried about and ask about each one specifically.

Court staff cannot help you here. The Western District of Kentucky's pro se guide states that the Bankruptcy Clerk's Office is prohibited by 28 U.S.C. Section 955 from giving legal advice or assisting with the preparation of forms (Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney). The Arizona pamphlet is equally direct that neither the Bankruptcy Court nor the Clerk's office can give you legal advice.

Useful questions include whether any of your tax years fall outside the § 523(a) exceptions, whether a creditor is likely to bring a nondischargeability action, and whether Chapter 13's somewhat broader discharge changes the picture for your particular mix of debts.

• Which of my specific debts are likely to survive a discharge, and why?
• Do my tax years and return filing dates change the analysis?
• Is any creditor likely to file an adversary proceeding against me?
• Would Chapter 13 discharge anything Chapter 7 would not, in my situation?
• Should I avoid reaffirming any debt I have been asked to reaffirm?

Frequently asked questions

Does bankruptcy clear child support?

No. Domestic support obligations are among the debts most consistently excepted from discharge. The Arizona court guidance describes debts for child support and spousal maintenance as automatically nondischargeable, and 11 U.S.C. § 507(a)(1) gives domestic support obligations first priority. Section 1328(a) also requires a Chapter 13 debtor under a support order to certify that amounts due have been paid before discharge is granted.

Are student loans ever discharged?

They are treated as an exception, but not an absolute bar. The Iowa court FAQ lists most government funded or guaranteed educational loans and benefit overpayments among the common nondischargeable debts. The Arizona guidance explains that some debts are nondischargeable unless the debtor files an adversary proceeding against the creditor and proves to the court that it would be an undue hardship not to discharge the debt, such as student loan debts.

Do all the exceptions apply automatically?

No, and the difference matters. The Iowa court FAQ explains that other types of debt, such as obligations incurred as the result of fraud, embezzlement, or willful injury, may be excepted from discharge if the creditor successfully brings a nondischargeability action against the debtor. Categories like support obligations operate without anyone filing anything; fraud-based exceptions generally require the creditor to come forward and prove its case.

If a debt survives, can the creditor take my exempt property?

Sometimes, and the rule differs by debt type. Under 11 U.S.C. § 522(c)(1), dischargeable tax claims may not be collected out of exempt property, while nondischargeable taxes continue to be collectable out of exempt property. Exemptions are governed by 11 U.S.C. § 522 and, in opt-out states, by state law. Exemption amounts vary by state and appear on the state pages.

Does a discharge get rid of my mortgage or car loan?

It releases personal liability but not the lien. The Iowa court FAQ states that valid liens against the debtor's property that existed before filing generally pass through bankruptcy unaffected. The Alabama pro se guide adds that if a valid lien such as a mortgage was not eliminated in the case, a creditor may have the right to enforce it against the property after discharge.

What happens to a debt I forgot to list?

It may be excepted from discharge. Section 523(a)(3) covers a debt neither listed nor scheduled, with the creditor's name if known to you, in time to permit that creditor to act. Court guidance notes that schedules are submitted under penalty of perjury and can be corrected by filing an amendment, and the District of Maryland notes a fee applies to add creditors after filing.

Are the filing fees themselves affected by any of this?

No. The court fees are set separately from discharge questions. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), with a $78 administrative fee and a $15 trustee surcharge. Chapter 13 carries a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus the $78 administrative fee. Costs can vary by district and by fee-waiver or installment procedures.

Is a Chapter 13 discharge always broader than Chapter 7?

Not always. A Chapter 13 discharge under 11 U.S.C. § 1328(a), granted after completing plan payments, excepts only a listed subset of § 523(a) plus criminal fines, restitution and willful-injury awards. A hardship discharge under § 1328(b), granted without completing payments, excepts any debt of a kind specified in § 523(a) — the same breadth as Chapter 7.

Sources

• 11 U.S.C. § 523 — Exceptions to discharge · official source
• 11 U.S.C. § 1328 — Discharge (chapter 13) · official source
• 11 U.S.C. § 727 — Discharge (chapter 7) · official source
• 11 U.S.C. § 522 — Exemptions · official source
• 11 U.S.C. § 507 — Priorities · official source
• 11 U.S.C. § 1228 — Discharge (chapter 12)
• 11 U.S.C. § 1192 — Discharge (subchapter V)
• Bankr. N.D. Iowa official page — FAQs: Debtor
• U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
• U.S. Bankr. Ct. M.D. Ala., Consumer Pro Se Debtors Guide
• Bankr. E.D. La. official guidance — Chapter 7 Form Packet
• Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals
• Bankr. W.D. Ky. official guidance — Guide to Filing Bankruptcy without an Attorney
• Bankr. D. Md. official page — Legal Overview
• Cal. Civ. Proc. Code § 703.130
• Ala. Code § 6-10-11
• K.S.A. 60-2312
• 28 U.S.C. § 1930(a)(1)(A), (f)(1)
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9

Related

• Which debts get discharged
• Chapter 7
• Chapter 13
• The automatic stay
• Exemptions: what they protect
• Build your personalised roadmap