Debts You Cannot Discharge in Bankruptcy

Bankruptcy won't make all your debts go away. There are several kinds of debt you can't "discharge" (get rid of) in bankruptcy. Section 523(a) of the Bankruptcy Code specifically exempts certain debts from discharge, which means that you will still have to pay those debts despite filing for bankruptcy.

There are 19 categories of debts that cannot be discharged under chapters 7, 11, and 12. The exceptions to discharge under chapter 13 are more limited.

Chapter 7 Bankruptcy Debts

If you're doing a Chapter 7 bankruptcy, you can't discharge:

• Taxes and tax liens
• Student loans
• Domestic support obligations (child support and alimony)
• Luxury goods over $500 purchased within 90 days of filing
• Fines or penalties of government agencies
• Cash advances of more than $750 taken within 70 days of filing
• Fraudulent debts
• Willful or malicious injury to another
• Death or personal injury from the operation of a motor vehicle, aircraft or vessel while intoxicated
• Condominium or cooperative association fees
• Debts not listed on your schedules

Debts arising from fraud or maliciousness are not automatically excepted from discharge. The creditor must make a request to the court to except these types of obligations; otherwise they will be discharged.

Chapter 13 Bankruptcy Debts

In a Chapter 13 bankruptcy, you can't discharge:

• Family support such as child support or alimony
• Fines
• Student loans
• Drunk driving judgments
• Certain taxes
• Debts for restitution or fine included in a criminal sentence

You may be able to discharge debts incurred by fraud or intentional wrongdoing in a Chapter 13 bankruptcy unless a creditor files and prevails in an action to have these debts declared nondischargeable.

Cathy Moran is a business and bankruptcy lawyer in the San Francisco Bay Area, and was one of the first bankruptcy specialists certified by the California State Bar. Her Web site Bankruptcy in Brief includes much information on bankruptcy.

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