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.

Willful and Malicious Injury - Section 523(a)(6)

What Qualifies

Section 523(a)(6) excepts from discharge debts arising from willful and malicious injury by the debtor to another entity or to the property of another entity. Both elements - willful AND malicious - must be present.

Willful means the debtor intended the act itself. Malicious means the act was done without just cause or excuse. Mere negligence or recklessness is not enough.

Common Examples

Intentional assault or battery. Intentional destruction of property. Conversion (taking someone elses property). Intentional fraud (overlaps with 523(a)(2)). Deliberately setting fire to property. Intentional breach of fiduciary duty.

Post-BAPCPA Change

Before 2005, willful and malicious injury debts were dischargeable in Chapter 13 (part of the superdischarge). BAPCPA added 523(a)(6) to the list of Chapter 13 exceptions. Today, these debts survive both Chapter 7 and Chapter 13 discharge.

Learn about all exceptions

Nondischargeable Debts Guide

Related Guides

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