What debts are discharged in bankruptcy?

Most unsecured debts are discharged, including credit cards, medical bills, personal loans, and utility arrears. Debts that typically cannot be discharged include student loans (except in hardship cases), most taxes, child support, alimony, and debts from fraud or willful injury.

How long does it take to get a bankruptcy discharge?

In Chapter 7, the discharge typically arrives about 60 days after the 341 meeting, or roughly 3-4 months after filing. In Chapter 13, the discharge comes after completing all plan payments, which takes 3-5 years.

Can a creditor object to my discharge?

Yes. Creditors can file an adversary proceeding arguing that a specific debt should not be discharged due to fraud, misrepresentation, or other exceptions under 11 U.S.C. Section 523. They can also object to your entire discharge under Section 727 for misconduct like hiding assets.

What is the difference between a discharge and a dismissal?

A discharge eliminates your personal liability for qualifying debts permanently. A dismissal ends your bankruptcy case without eliminating any debts, as if you never filed. A dismissal may also impose a waiting period before you can file again.

Can my bankruptcy discharge be revoked?

In rare cases, yes. A discharge can be revoked within one year if the debtor committed fraud, failed to disclose assets, or refused to obey a court order. Revocation requires a court proceeding initiated by the trustee, a creditor, or the U.S. Trustee.

Nondischargeable Debts

Comprehensive guide to debts that survive bankruptcy under 11 U.S.C. Section 523

Always Nondischargeable

Domestic support obligations - child support, spousal support, alimony, and maintenance - are never dischargeable in any chapter of bankruptcy. This is one of the few absolute rules in bankruptcy law.

Priority Status

DSOs receive the highest priority under Section 507(a)(1). In Chapter 13, they must be paid in full through the plan. In Chapter 7, they survive discharge completely.

Discharge Requirement

Under Section 1328(a), a Chapter 13 debtor must certify that all domestic support obligations that became payable before or during the case have been paid in full before receiving a discharge. If you are behind on support, you cannot receive a discharge until you are current.

Learn about Chapter 13 plans

Chapter 13 Plan Guide

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Related Resources

Nondischargeable Debts - Which debts survive bankruptcy under Section 523(a)

Taxes in Bankruptcy - Which tax debts can be discharged and which survive

The Discharge Injunction - How Section 524 permanently bars creditor collection after discharge

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.

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This research supports two accepted suggestions to the Advisory Committee on Bankruptcy Rules: Suggestion 26-BK-3 and Suggestion 26-BK-5

Proposing automated Section 1328(f) discharge bar screening and Rule 9037 SSN redaction in federal bankruptcy courts

This site provides general information, not legal advice. Consult a qualified attorney for your specific situation.