What Debts Can and Cannot Be Discharged in Bankruptcy - Part 1

The morning David received his bankruptcy discharge order should have been a celebration. After months of stress and legal proceedings, the small business owner from Portland had successfully completed Chapter 7 bankruptcy. But his relief turned to confusion when student loan servicers and the IRS continued their collection efforts. Like many bankruptcy filers, David had assumed all his debts would disappear with discharge. Understanding which debts bankruptcy can eliminate—and which survive even successful bankruptcy—is crucial for setting realistic expectations and planning your financial recovery. This chapter provides comprehensive guidance on dischargeable versus non-dischargeable debts, helping you understand exactly what financial relief bankruptcy can and cannot provide. ### Understanding Debt Discharge: The Legal Framework The bankruptcy discharge represents the heart of consumer bankruptcy relief, legally eliminating your personal obligation to pay certain debts. This powerful court order, issued at the successful conclusion of your bankruptcy case, permanently prohibits creditors from attempting to collect discharged debts. Understanding how discharge works and its limitations helps you maximize bankruptcy's benefits while planning for ongoing obligations. The legal authority for discharge stems from Section 727 of the Bankruptcy Code for Chapter 7 cases and Section 1328 for Chapter 13 cases. These provisions embody the "fresh start" principle fundamental to American bankruptcy law. The discharge injunction doesn't just suggest creditors stop collection—it creates an affirmative federal court order with serious consequences for violations. Discharge eliminates only personal liability, not liens against property. This crucial distinction means that while creditors cannot sue you personally or garnish wages for discharged debts, valid liens remain enforceable against collateral. For example, discharging a credit card debt secured by household goods eliminates personal liability but doesn't remove the creditor's right to repossess the goods if properly perfected liens exist. The scope of discharge varies between bankruptcy chapters. Chapter 7 discharge covers most unsecured debts but includes numerous exceptions for policy reasons. Chapter 13 offers a broader "super discharge" eliminating some debts that survive Chapter 7, rewarding debtors who complete multi-year repayment plans. Understanding these differences influences chapter selection for debtors with questionable discharge issues. Timing matters significantly for discharge determination. Generally, only debts existing when you file bankruptcy are eligible for discharge. Post-petition debts remain fully enforceable. The petition date creates a clear line between dischargeable pre-petition debts and non-dischargeable post-petition obligations. This temporal boundary prevents debtors from running up debts after receiving bankruptcy protection. The discharge injunction's power extends beyond simple collection prohibition. Creditors cannot contact you about discharged debts, report them as owing on credit reports, sell them to other collectors, or pursue any action to collect. Violations can result in contempt sanctions, actual damages, attorney fees, and punitive damages. This enforcement mechanism gives discharge real power to protect your fresh start. ### Common Misconceptions About Dischargeable Debts Misunderstandings about discharge scope cause both unrealistic expectations and unnecessary fears about bankruptcy. Clarifying these misconceptions helps you make informed decisions about whether bankruptcy addresses your specific debt problems. The most damaging myth claims bankruptcy eliminates all debts without exception. While bankruptcy discharges most unsecured debts, numerous categories receive special protection from discharge. Student loans, recent taxes, domestic support obligations, and criminal fines typically survive bankruptcy. Understanding these exceptions before filing prevents disappointment and allows planning for ongoing obligations. Many believe secured debts like mortgages and car loans cannot be discharged. In fact, bankruptcy discharges personal liability on secured debts—you're no longer personally obligated to pay. However, liens remain against collateral, giving creditors repossession or foreclosure rights. You can choose to surrender collateral and walk away debt-free, or keep property by continuing payments despite discharge. Some assume that debts not listed in bankruptcy schedules aren't discharged. In no-asset Chapter 7 cases, unlisted debts are typically discharged anyway since creditors had no distribution rights. However, intentionally omitting creditors can create problems, and some debts require listing for discharge. Always err on the side of complete disclosure to ensure maximum discharge benefits. A persistent misconception involves voluntary repayment after discharge. Many believe they cannot or should not pay discharged debts voluntarily. In reality, discharge eliminates legal obligations but doesn't prohibit voluntary payments. Some debtors choose to repay certain creditors for moral reasons or to maintain relationships. Such voluntary payments are permissible but create no legal obligation. People often misunderstand discharge timing and finality. Some believe discharge occurs immediately upon filing or that it's revocable. Chapter 7 discharge typically arrives 60-90 days after the 341 meeting, while Chapter 13 discharge requires plan completion. Once granted, discharge is extremely difficult to revoke absent fraud or error. This finality provides certainty for fresh starts. Many don't realize that discharge doesn't eliminate debts—it prohibits collection. The debts still exist in some theoretical sense, but creditors lose all legal remedies to collect. This distinction matters for tax reporting, potential voluntary payment, and understanding why discharged debts might still appear on credit reports with zero balances. ### Step-by-Step Analysis of Dischargeable Debts Understanding which debts bankruptcy eliminates requires systematic analysis of different debt categories. This examination helps set realistic expectations and plan for post-bankruptcy finances. Credit Card Debts Credit card debts represent the most commonly discharged obligations in bankruptcy. Whether from major banks, retail stores, or gas stations, these unsecured debts typically discharge completely. The only exceptions involve fraud, such as luxury purchases exceeding $800 within 90 days of filing or cash advances over $1,100 within 70 days. Even these presumptions can be overcome by showing intent to repay when incurred. Medical Bills Medical debts discharge fully in bankruptcy regardless of amount or provider type. This includes hospital bills, emergency room charges, ambulance services, doctor fees, dental work, and medical equipment purchases. No special exceptions apply to medical debt, making bankruptcy particularly valuable for those overwhelmed by health care costs. Even bills owed to government hospitals discharge like any other medical debt. Personal Loans Unsecured personal loans from banks, credit unions, finance companies, or individuals discharge in bankruptcy. This includes signature loans, lines of credit, and informal loans from family or friends if properly listed. Payday loans also discharge despite their predatory nature. The only exception involves loans obtained through fraud or false financial statements, which creditors must prove to prevent discharge. Utility Bills Past-due utility bills for electric, gas, water, cable, internet, and phone services discharge in bankruptcy. While utilities cannot discriminate against you for discharged debts, they can require reasonable deposits for future service. Some utilities attempt to claim continuing service creates non-dischargeable "post-petition" debt, but proper bankruptcy handling segregates pre- and post-filing obligations. Lease Obligations Broken lease obligations, whether residential or commercial, generally discharge in bankruptcy. This includes unpaid rent, early termination fees, and damage claims exceeding security deposits. Landlords become unsecured creditors for these amounts. However, if you continue occupying property post-petition, new rent obligations arise that aren't dischargeable in the current bankruptcy. Business Debts Business-related debts typically discharge when personally guaranteed or incurred as a sole proprietor. This includes vendor accounts, business credit cards, merchant cash advances, and equipment leases. Even SBA loans discharge unless obtained through fraud. The business structure matters—corporate debts without personal guarantees don't require discharge since you're not personally liable. Legal Judgments Most civil judgments discharge in bankruptcy, including those from lawsuits over contracts, negligence, or business disputes. Even judgment liens against personal property can be avoided if they impair exemptions. However, judgments for fraud, willful injury, or other non-dischargeable underlying debts retain their character through bankruptcy. Tax Penalties and Interest While recent income taxes often survive bankruptcy, older tax penalties and interest may discharge. The rules are complex, but generally penalties over three years old on dischargeable taxes can be eliminated. Interest follows the underlying tax—if the tax discharges, associated interest does too. Non-tax government fines and penalties typically don't discharge. ### Understanding Non-Dischargeable Debts Certain debts receive special protection from discharge based on public policy considerations. Understanding these exceptions helps realistic bankruptcy planning and post-discharge budgeting. Student Loans Student loans, whether federal or private, presumptively survive bankruptcy unless you prove "undue hardship"—an extremely difficult standard. Courts typically require showing you cannot maintain minimal living standards while repaying loans, circumstances will likely persist, and you've made good faith repayment efforts. Less than 1% of filers attempt hardship discharge, and fewer succeed. Recent Tax Debts Income taxes remain non-dischargeable unless meeting strict requirements: the returns were due over three years ago, were filed over two years ago, and taxes were assessed over 240 days ago. Additional requirements include no fraud or willful evasion. Payroll taxes never discharge when you were responsible for collecting and remitting them. Property taxes stay non-dischargeable for one year pre-petition. Domestic Support Obligations Child support and alimony never discharge in bankruptcy, whether owed to ex-spouses, children, or government agencies. This includes arrearages and ongoing obligations. Related attorney fees and court costs in establishing support also survive. The policy protecting family support is so strong that these debts receive priority payment in bankruptcy. Criminal Fines and Restitution Fines, penalties, or restitution in criminal cases don't discharge, regardless of the crime's nature. This includes traffic tickets, criminal court costs, and probation fees. The rule applies to any debt owed to governmental units as punishment, not compensation. Even fines in quasi-criminal proceedings like contempt often survive discharge. Debts from Fraud Debts obtained through fraud, false pretenses, or false representation don't discharge if creditors object and prove their case. This includes lying on credit applications, using false financial statements, or operating ponzi schemes. The fraud must involve intentional deception causing creditor reliance and damage. Creditors must file adversary proceedings to establish fraud. Willful and Malicious Injury Debts for willful and malicious injury to person or property survive bankruptcy. "Willful" means intentional, while "malicious" requires intent to cause injury or substantial certainty injury would occur. Negligence, even gross negligence, doesn't meet this standard. Common examples include assault damages, intentional property destruction, and certain defamation judgments. Drunk Driving Debts Deaths or personal injuries caused by intoxicated operation of vehicles, vessels, or aircraft don't discharge. This covers DUI accident judgments and criminal restitution. Property damage from drunk driving can discharge, creating an odd split where the same accident produces dischargeable and non-dischargeable debts. The rule aims to protect innocent victims of impaired driving. Debts Not Listed In asset Chapter 7 cases where creditors receive distributions, unlisted debts don't discharge unless creditors had actual knowledge of the bankruptcy. No-asset cases typically discharge unlisted debts since creditors lost nothing through non-notification. Chapter 13 requires listing for discharge. When in doubt, amend schedules to add creditors before case closing. ### Costs and Financial Considerations Understanding discharge scope affects both bankruptcy planning and post-discharge budgeting. Financial implications extend beyond simple debt elimination to ongoing obligation management. Non-dischargeable debt planning requires careful budgeting since these obligations survive bankruptcy. Before filing, calculate monthly payments for student loans, recent taxes, support obligations, and other non-dischargeable debts. Ensure post-bankruptcy income suffices for these payments plus living expenses. Chapter 13 might provide temporary relief through plan payments even for non-dischargeable debts. Adversary proceedings to determine dischargeability add significant costs. If creditors challenge discharge claiming fraud or willful injury, defending these proceedings might cost $2,500-$10,000 in attorney fees. Some attorneys handle adversary proceedings for flat fees, while others charge hourly. Evaluate litigation costs against debt amounts when deciding whether to fight or settle. Reaffirmation agreements for secured debts create ongoing payment obligations despite discharge eligibility. While keeping cars or homes requires continued payments, formal reaffirmation reinstates personal liability. Many attorneys advise against reaffirmation, suggesting clients simply continue payments without renewed legal obligation. Consider long-term financial impact before reaffirming any debt. Tax discharge analysis often requires professional assistance. Determining whether specific tax years meet discharge requirements involves complex calculations and documentation review. Tax attorneys or CPAs charge $500-$2,000 for discharge analysis. This investment helps maximize discharge benefits and plan for surviving tax obligations. Strategic pre-bankruptcy planning can convert non-dischargeable debts to dischargeable forms. For example, paying non-dischargeable taxes with dischargeable credit cards might seem attractive but raises fraud concerns. Using home equity loans to pay student loans trades non-dischargeable debt for secured obligations. Such strategies require careful legal guidance to avoid fraud allegations. Post-discharge financial planning must account for surviving debts. Create budgets prioritizing non-dischargeable obligations to avoid renewed financial distress. Consider income-based student loan repayment plans, tax payment agreements, and support modification if circumstances change. Bankruptcy provides fresh starts, but ongoing obligations require continued financial discipline. ### Real-Life Examples and Case Studies Examining actual discharge scenarios illustrates how bankruptcy law's complexities play out in practice, helping you understand likely outcomes for your debts. Case Study 1: The Medical Crisis Discharge Karen, a teacher, accumulated $125,000 in medical debts during cancer treatment. Her insurance covered much treatment, but co-pays, deductibles, and uncovered expenses overwhelmed her finances. Chapter 7 discharged all medical debts, including radiology bills, surgeon fees, hospital charges, and medical credit cards. Even $15,000 owed to a county hospital discharged completely. Two years later, Karen maintained excellent health insurance but no medical debt. Case Study 2: The Student Loan Struggle Michael, disabled after a construction accident, owed $80,000 in student loans while receiving $1,200 monthly disability. He filed Chapter 7 hoping to discharge student loans through undue hardship. Despite permanent disability and poverty-level income, the court denied discharge, finding he could make minimal payments under income-based repayment yielding $0 monthly payments. The loans survived bankruptcy, though payments remained at zero. Case Study 3: The Tax Discharge Victory Robert, a freelance designer, accumulated $45,000 in tax debt during 2016-2018 when clients failed to pay. By 2024, these taxes met discharge requirements: returns filed on time, assessments over 240 days old, and no fraud involved. Chapter 7 discharged the old income taxes completely. However, $8,000 in 2021 taxes remained non-dischargeable, requiring a payment plan post-bankruptcy. Case Study 4: The Fraud Exception Linda obtained $30,000 in credit cards using false income information before losing her job. When she filed bankruptcy, American Express objected, proving she claimed $120,000 income when earning $40,000. The court found fraud, denying discharge for that specific debt. Her other credit cards, obtained with accurate information, discharged normally. She emerged owing only the fraudulent card balance. Case Study 5: The Support Obligation Reality James filed Chapter 13 hoping to reduce $40,000 in child support arrears. His plan paid support arrears in full over five years while maintaining current payments. The discharge eliminated credit cards and medical bills but didn't touch support obligations. Post-bankruptcy, he continued paying current support but no longer faced competing debt obligations. Case Study 6: The Business Debt Discharge Nora personally guaranteed $200,000 in loans for her failed restaurant. Chapter 7 discharged all personal guarantees, vendor debts, and business credit cards. Even the SBA loan guarantee discharged without challenge. However, $50,000 in payroll taxes she failed to remit survived bankruptcy, requiring an IRS payment plan addressing non-dischargeable trust fund penalties. ### Your Rights and Protections Regarding Discharge The discharge injunction provides powerful protections ensuring creditors respect bankruptcy's fresh start purpose. Understanding these rights helps you enforce discharge benefits and prevent creditor abuse. You have absolute protection against collection of discharged