What Debts Cannot Be Discharged in Bankruptcy? Complete Guide for 2026
Bankruptcy is one of the most powerful debt relief tools in the American legal system — but it is not unlimited. Certain categories of debt are specifically excluded from discharge by the bankruptcy code and survive the bankruptcy process completely, remaining your full legal obligation regardless of whether you file Chapter 7 or Chapter 13. Understanding which debts can and cannot be discharged is essential for evaluating whether bankruptcy will actually solve your specific debt problem.
Disclaimer: Bankruptcy law is complex and situation-specific. Always consult a qualified bankruptcy attorney for advice about your specific debts.
Student Loans — The Most Widely Known Exception
Federal and private student loans are generally not dischargeable in bankruptcy unless the debtor can prove that repayment would impose an “undue hardship” — a legal standard that bankruptcy courts have historically interpreted very strictly. The most widely applied test (the Brunner test) requires proving that you cannot maintain a minimal standard of living while repaying the loan, that this situation is likely to persist for a significant portion of the repayment period, and that you have made good faith efforts to repay. Very few student loan discharge attempts succeed under this standard.
Recent years have seen some judicial and regulatory movement toward a more lenient approach to student loan discharge, but as of 2026 student loans remain among the most difficult debts to eliminate through bankruptcy. If student loans represent the majority of your debt, bankruptcy may provide less relief than anticipated. For understanding what bankruptcy does provide, see our guide on Chapter 7 vs Chapter 13 Bankruptcy.
Domestic Support Obligations — Absolutely Non-Dischargeable
Child support and alimony are never dischargeable in any chapter of bankruptcy. These obligations survive bankruptcy completely and remain enforceable through all normal collection mechanisms including wage garnishment, license suspension, and contempt of court. If domestic support obligations represent a significant portion of your debt, bankruptcy will not provide relief from those specific obligations.
Tax Debts — Partially Dischargeable Under Specific Conditions
Some income tax debts can be discharged in bankruptcy, but only if they meet all of the following criteria: the tax return was due at least three years ago, the return was actually filed at least two years ago, the tax was assessed at least 240 days ago, and the return was not fraudulent and you were not attempting to evade taxes. Payroll taxes, fraud penalties, and tax debts from unfiled returns are not dischargeable. When income tax debts meet all the age and filing requirements, they can be discharged in Chapter 7 just like other unsecured debt.
Debts From Fraud or Intentional Wrongdoing
Debts obtained through fraud, false pretenses, or false representations are not dischargeable. This includes debts from fraud on a creditor, embezzlement, larceny, and willful and malicious injury to another person or their property. For a debt to be excluded on fraud grounds, the creditor must typically file a complaint in the bankruptcy court challenging the dischargeability within 60 days of the first creditors meeting.
Government Fines and Criminal Restitution
Criminal fines and restitution orders are not dischargeable in bankruptcy. If you owe fines to a government agency as the result of criminal activity, or if a court has ordered you to pay restitution to crime victims, these obligations survive bankruptcy.
DUI-Related Debts
Debts arising from personal injury or death caused by your operation of a vehicle while intoxicated or under the influence of drugs are not dischargeable. This protects victims of drunk driving accidents from losing their compensation through the at-fault driver’s bankruptcy.
Recent Luxury Purchases and Cash Advances
Luxury goods and services charges totaling more than approximately $800 within 90 days of filing are presumed non-dischargeable. Cash advances totaling more than approximately $1,100 from credit cards within 70 days of filing are also presumed non-dischargeable. These provisions prevent people from running up debt immediately before filing bankruptcy with no intention of repaying it.
Condominium and HOA Fees
Post-petition condominium association fees and homeowners association dues — fees that become due after the bankruptcy filing date — are generally not dischargeable. Pre-petition HOA fees may be dischargeable depending on the circumstances.
Frequently Asked Questions
Are medical debts dischargeable in bankruptcy? Yes. Medical debts are among the most commonly discharged debts in bankruptcy. They are treated as general unsecured debts and are discharged in Chapter 7 completely.
Are credit card debts dischargeable? Yes, unless obtained through fraud or representing recent luxury purchases made before filing.
Can I discharge IRS tax liens in bankruptcy? Tax liens are a special situation. Even if an income tax debt itself is dischargeable, an IRS tax lien that has already attached to your property may survive the discharge and remain as an encumbrance on that property.
Conclusion
Understanding which debts can and cannot be discharged in bankruptcy is essential before deciding to file. If your debt consists primarily of non-dischargeable obligations — student loans, back taxes that do not meet the age requirements, or domestic support — bankruptcy may provide less relief than you hope. If your debt consists primarily of credit cards, medical bills, and personal loans, bankruptcy can eliminate these completely. Consult a bankruptcy attorney to evaluate your specific debt mix against the dischargeability rules. Read our complete guides on Chapter 7 vs Chapter 13 Bankruptcy and Bankruptcy Exemptions for the complete bankruptcy decision framework.
