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Not all debts can be eliminated in bankruptcy. Section 523(a) nondischargeable debts of the Bankruptcy Code lists 19 categories of debts that are excepted from discharge, including certain taxes, student loans, domestic support obligations, debts obtained by fraud, and debts arising from willful and malicious injury. Understanding which debts survive is critical to evaluating whether bankruptcy will solve your financial problems.
This site will provide a detailed breakdown of every subsection of Section 523, explaining in plain English what each exception covers, what a creditor must prove to invoke it, and how courts have interpreted these provisions. We will cover the distinction between debts that are automatically nondischargeable and those that require a creditor to file an adversary proceeding.
We will also address the procedural requirements - including the bar date for filing nondischargeability complaints, the burden of proof standards, and how the Section 523 exceptions interact with the Chapter 7 and Chapter 13 discharge provisions.
Part of the Open Bankruptcy Project - a growing collection of free, open-source bankruptcy information sites built on public court data. No advertising, no lead generation, no attorney referral fees. Real information, no strings.
Check Your Bankruptcy Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.
Explore Nondischargeable Debts
Dive deeper into specific aspects:
- Tax Debts - Section 523(a)(1)
- Debts from Fraud - Section 523(a)(2)
- Domestic Support - Section 523(a)(5)
- Willful Injury - Section 523(a)(6)
- Student Loans - Section 523(a)(8)
- Adversary Proceedings to Determine Dischargeability
- Personal Injury Judgments and Discharge
- Criminal Restitution in Bankruptcy
- The Complete List of All 19 Nondischargeable Debts
- Nondischargeable Debts List - Full reference table with Chapter 7 vs 13 comparison
- 5 Most Common Nondischargeable Debts
- Section 523(a) Deep Dive at 523a.org
Frequently Asked Questions
What debts cannot be discharged in bankruptcy?
Under 11 U.S.C. Section 523, nineteen categories of debt survive bankruptcy, including most tax obligations, child support and alimony, student loans unless undue hardship is proven, debts obtained through fraud, criminal fines and restitution, and personal injury judgments from drunk driving. These debts remain owed in full after the bankruptcy case is closed.
Can student loans be discharged in bankruptcy?
Student loans are presumed nondischargeable under 11 U.S.C. Section 523(a)(8), but they can be discharged if the debtor proves undue hardship through an adversary proceeding. Most courts apply the Brunner test, requiring proof that repayment would prevent a minimal standard of living, the hardship will persist, and good-faith efforts to repay were made.
Can tax debt be discharged in bankruptcy?
Certain income tax debts can be discharged in bankruptcy if they meet all five conditions: the tax return was due more than three years ago, the return was filed more than two years ago, the tax was assessed more than 240 days ago, no fraud was involved, and the debtor did not willfully evade the tax. Payroll taxes and trust fund penalties are never dischargeable.
Is child support dischargeable?
Domestic support obligations including child support and alimony are never dischargeable in any chapter of bankruptcy under 11 U.S.C. Section 523(a)(5). These debts receive the highest priority in bankruptcy and must be paid in full through any Chapter 13 plan. The automatic stay does not stop collection of domestic support obligations from post-petition income.
Can I discharge medical bills in bankruptcy?
Medical bills are general unsecured debts that are fully dischargeable in both Chapter 7 and Chapter 13 bankruptcy. Medical debt is one of the most common reasons people file bankruptcy. In Chapter 7, medical bills are eliminated entirely with no repayment required. In Chapter 13, only a percentage may be repaid depending on disposable income.
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