Overview: Why Some Debts Survive Bankruptcy
Bankruptcy discharges most unsecured debts -- credit cards, medical bills, personal loans. But Congress carved out 19 categories of debt that cannot be discharged under 11 U.S.C. Section 523(a). These debts survive both Chapter 7 and Chapter 13 bankruptcy.
While Section 523(a) lists 19 subsections, five categories account for the vast majority of nondischargeability issues debtors face. Understanding these five is critical before filing.
The 5 Most Common Nondischargeable Debts
1. Tax Debts
Section 523(a)(1) -- Priority tax claims
Most recent tax debts survive bankruptcy. However, older tax debts may be dischargeable if all three conditions are met:
- The tax return was due more than 3 years before filing
- The return was filed more than 2 years before filing
- The tax was assessed more than 240 days before filing
Tax fraud or willful evasion debts are never dischargeable. Full tax debt guide →
2. Student Loans
Section 523(a)(8) -- Educational benefit overpayments and loans
Student loans are nondischargeable unless you can prove undue hardship through an adversary proceeding. The 2022 DOJ guidance (the Garland memo) made this somewhat easier by establishing a structured framework for evaluating discharge requests. Courts typically use the Brunner test (three-part) or the totality of circumstances test.
3. Child Support and Alimony (Domestic Support Obligations)
Section 523(a)(5) -- Domestic support obligations
Child support, alimony, and spousal maintenance are never dischargeable in any chapter of bankruptcy. This is one of the most absolute exceptions -- there is no workaround, no hardship exception, and no time limit. Past-due amounts survive and continue to accrue. Property settlement debts under 523(a)(15) are also nondischargeable in Chapter 7 (but may be in Chapter 13).
4. Debts Obtained Through Fraud
Section 523(a)(2) -- False pretenses, false representation, or actual fraud
If you obtained money, property, or services through fraud, false financial statements, or misrepresentation, those debts survive bankruptcy. Common examples include lying on a credit application, writing bad checks with no intent to cover them, and running up credit cards with no intent to repay shortly before filing. The creditor must file an adversary proceeding to establish fraud.
5. DUI/DWI Injury and Death Debts
Section 523(a)(9) -- Death or personal injury caused by intoxicated driving
Any debt arising from death or personal injury caused by driving under the influence of alcohol, drugs, or other substances is nondischargeable. This applies in both Chapter 7 and Chapter 13. It covers court judgments, settlements, and restitution orders related to DUI/DWI incidents.
What About the Other 14 Categories?
Beyond the Big 5, Section 523(a) covers additional nondischargeable debts including:
- Government fines and penalties -- 523(a)(7)
- Willful and malicious injury -- 523(a)(6)
- HOA/condo fees post-petition -- 523(a)(16)
- Debts from embezzlement or larceny -- 523(a)(4)
- Debts from securities violations -- 523(a)(19)
- Prior case undischarged debts -- 523(a)(10)
For the complete list of all 19 subsections, see our complete list of nondischargeable debts.
Can I Discharge Any of These Debts?
Some nondischargeable debts have exceptions to the exception:
- Tax debts: Old taxes meeting the 3-2-240 rule may be dischargeable
- Student loans: Undue hardship adversary proceeding can succeed
- Fraud debts: If the creditor does not file a timely adversary proceeding, the debt may be discharged by default
- Property settlement debts: Dischargeable in Chapter 13 (but not Chapter 7)
Child support/alimony and DUI injury debts have no exceptions -- they survive every chapter of bankruptcy.
Learn More
Free tools and guides from the Open Bankruptcy Project:
All 19 Nondischargeable Debts Nondischargeable Debts Guide 1328(f) Discharge Screener