Debts Bankruptcy Doesn't Erase: The Nondischargeability Rules
Bankruptcy discharges most unsecured debt, but Congress carved out categories that survive. Knowing which debts fall in § 523's exceptions is essential to deciding whether filing accomplishes what you need it to.
Never dischargeable
Domestic support obligations (child support and alimony), criminal fines and restitution, and debts for death or injury caused by drunk driving survive every chapter, every time.
Usually surviving, with exceptions
Recent income taxes survive, though older income taxes meeting the 3-year/2-year/240-day rules can be discharged. Student loans survive unless the filer proves undue hardship — a standard that has loosened in recent years under updated Justice Department guidance for federal loans.
Dischargeable unless the creditor objects
Debts from fraud, recent luxury purchases, and cash advances shortly before filing are discharged unless the creditor files an adversary proceeding within 60 days of the 341 meeting and proves the exception. Silence from the creditor means discharge.
Exemption amounts and rule thresholds change on statutory schedules. See our monthly rule reports for the current figures with citations to the official sources.
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Bankruptcy.AI is a technology platform, not a law firm, and does not provide legal advice. Majors Law Group, P.C. is a separate, independent law firm. This page is general information and is not legal advice; outcomes depend on your specific facts.