What Are Nondischargeable Debts?
Nondischargeable debts are obligations that cannot be eliminated through bankruptcy. Even after receiving a bankruptcy discharge, you remain legally responsible for these debts. They are defined in 11 U.S.C. Section 523(a).
The list below covers every category. The five most commonly encountered are marked with a star.
Complete Nondischargeable Debts List
| # | Debt Type | Section | Ch. 7 | Ch. 13 |
|---|---|---|---|---|
| 1 | Tax debts (recent/priority) ★ | 523(a)(1) | Yes | Yes |
| 2 | Fraud debts (false pretenses, false financial statements) ★ | 523(a)(2) | Yes | Yes |
| 3 | Debts not listed on schedules (if creditor had no notice) | 523(a)(3) | Yes | Yes |
| 4 | Embezzlement, larceny, or fiduciary fraud | 523(a)(4) | Yes | Yes |
| 5 | Child support and alimony (domestic support obligations) ★ | 523(a)(5) | Yes | Yes |
| 6 | Willful and malicious injury to person or property | 523(a)(6) | Yes | Yes |
| 7 | Government fines, penalties, and forfeitures | 523(a)(7) | Yes | Yes |
| 8 | Student loans (unless undue hardship proven) ★ | 523(a)(8) | Yes | Yes |
| 9 | DUI/DWI death or injury debts ★ | 523(a)(9) | Yes | Yes |
| 10 | Debts from a prior undischarged case | 523(a)(10) | Yes | Yes |
| 11 | Fraud or defalcation in a fiduciary capacity (federal depository institution) | 523(a)(11) | Yes | Yes |
| 12 | Malicious or reckless failure to maintain capital of insured depository | 523(a)(12) | Yes | Yes |
| 13 | Debts arising from federal court or banking violation orders | 523(a)(13) | Yes | Yes |
| 14 | Tax or customs duties from fraudulent returns | 523(a)(14) | Yes | Yes |
| 15 | Divorce/separation property settlement debts | 523(a)(15) | Yes | No* |
| 16 | HOA/condo fees post-petition | 523(a)(16) | Yes | Yes |
| 17 | Court fees in prisoner litigation | 523(a)(17) | Yes | Yes |
| 18 | Federal election law debts | 523(a)(18) | Yes | Yes |
| 19 | Securities law violation debts | 523(a)(19) | Yes | Yes |
* 523(a)(15) property settlement debts may be dischargeable in Chapter 13 but not in Chapter 7.
Key Takeaways
- Most nondischargeable debts apply in both Chapter 7 and Chapter 13
- Some (like fraud debts) require the creditor to file a timely adversary proceeding - if they miss the deadline, the debt may be discharged by default
- Student loans can be discharged through an undue hardship adversary proceeding
- Child support and DUI debts have no exceptions - they always survive
- Old tax debts meeting the 3-2-240 rule may be dischargeable
Foundational Caselaw
The cases below define the doctrine on this site:
- Cohen v. de la Cruz, 523 U.S. 213 (1998) - Section 523(a)(2)(A) nondischargeability extends to all debts arising from the fraud (including treble damages and attorneys fees), not just the actual money obtained by fraud.
- Husky International Electronics, Inc. v. Ritz, 578 U.S. 355 (2016) - "actual fraud" under Section 523(a)(2)(A) does NOT require an affirmative misrepresentation; fraudulent conveyance schemes qualify.
- Bullock v. BankChampaign, N.A., 569 U.S. 267 (2013) - "defalcation" under Section 523(a)(4) requires a culpable state of mind: gross recklessness or knowledge of improper conduct.
- Kawaauhau v. Geiger, 523 U.S. 57 (1998) - "willful and malicious injury" under Section 523(a)(6) requires intent to cause injury; mere negligence or recklessness does not suffice. Limits the reach of (a)(6).
- Field v. Mans, 516 U.S. 59 (1995) - reliance standard for Section 523(a)(2)(A) fraud is "justifiable" reliance, not "reasonable" reliance; lower standard for creditors than common-law fraud.
Related Resources
Section 523(a) Deep Dive 5 Most Common Nondischargeable Debts