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Chapter 7 Basics
5 min read

What Debts Can (and Cannot) Be Discharged in Chapter 7 Bankruptcy?

Not all debts are created equal in bankruptcy. Understanding which obligations survive discharge is critical before you file. Here's a clear breakdown.

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Understanding Dischargeable vs. Non-Dischargeable Debt

One of the most important things to understand before filing Chapter 7 bankruptcy is which of your debts will actually be eliminated — and which will follow you out the other side.

Debts That ARE Dischargeable

Chapter 7 typically eliminates:

  • Credit card debt — This is the big one. Most people file Chapter 7 primarily to discharge credit card balances.
  • Medical bills — Medical debt is fully dischargeable and is one of the leading causes of bankruptcy filings.
  • Personal loans — Unsecured personal loans from banks or online lenders are dischargeable.
  • Utility bills — Past-due utility balances can be discharged (though the utility may require a deposit to restore service).
  • Lease obligations — Certain lease break fees and unpaid rent may be dischargeable.
  • Older income tax debts — Federal income taxes that are more than 3 years old and meet additional criteria may be dischargeable.

Debts That Are NOT Dischargeable

The Bankruptcy Code specifically excludes certain debts from discharge:

  • Student loans — Extremely difficult to discharge; requires proving "undue hardship" in a separate adversary proceeding.
  • Child support and alimony — These domestic support obligations are never dischargeable.
  • Recent tax debts — Taxes from the past 3 years generally cannot be discharged.
  • Debts incurred through fraud — If a creditor can prove you obtained credit through misrepresentation, that debt may survive.
  • Criminal fines and restitution — Government penalties and court-ordered restitution are not dischargeable.
  • DUI-related debts — Debts arising from personal injury caused by driving under the influence are non-dischargeable.
  • Debts not listed in your petition — If you forget to list a creditor, that debt may not be discharged.

The Gray Areas

Some debts fall in a middle zone and require careful analysis:

  • Business debts depending on how the business was structured
  • Taxes depending on the type and age
  • Condo or HOA fees depending on timing

Why This Matters Before You File

Understanding your debt profile before filing helps you evaluate whether Chapter 7 makes sense for your situation. If most of your debt is non-dischargeable (like student loans), Chapter 7 may not provide the relief you need.

A free consultation can help you review your specific debts and determine whether bankruptcy is your best path forward.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Paul S. Taub is a Bankruptcy Petition Preparer, not an attorney, and cannot provide legal advice. Always consult a licensed attorney for legal guidance specific to your situation.

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