Which debt can never be erased by bankruptcy?

While bankruptcy can eliminate many debts, there are some that are considered non-dischargeable—meaning they cannot be erased, or can only be erased in rare circumstances.

Here’s a breakdown of the debts that are almost never wiped out in Chapter 7 or Chapter 13 bankruptcy:

🔒 Debts That Are Never Dischargeable (Except in Very Rare Cases)

1. Child Support

   • 100% non-dischargeable.

   • You must keep paying, even after bankruptcy.

2. Alimony / Spousal Support

   • Treated like child support—can’t be wiped out.

3. Recent Income Taxes

   • Taxes from the last 3 years are not dischargeable.

   • Older taxes may be dischargeable, but only if strict rules are met.

4. Court-Ordered Restitution

   • Includes money owed from criminal sentences, like repaying victims.

   • Always non-dischargeable.

5. Fines and Penalties to Government Entities

   • Includes traffic tickets, criminal fines, and regulatory penalties.

6. Debts from Fraud or Misrepresentation

   • If the debt was incurred through fraud (e.g., lying on a credit application), it may be challenged and declared non-dischargeable.

7. Debts from Willful and Malicious Injury

   • If you intentionally harmed someone or their property, the debt won’t go away.

8. Certain Personal Injury Debts

   • Debts from a DUI (driving under the influence) accident that caused injury or death are not dischargeable.

9. Student Loans

   • Usually not dischargeable unless you can prove “undue hardship”—a very high legal standard that’s hard to meet.

   • Some courts are becoming more flexible, but most still deny discharge.

⚠️ Debts That Might Be Non-Dischargeable (But Can Be Argued)

1. Credit Card Debt Incurred Just Before Filing

   • Especially if used to buy luxury goods or take cash advances within 90 days before filing.

   • Creditors can object and say you acted in bad faith.

2. Loans Obtained by False Pretenses

   • If a creditor can prove you lied to get the loan, they can ask the court to block the discharge.

📌 Summary: Debts You Generally Cannot Discharge

If you’re dealing with some of these hard-to-discharge debts, there are often other tools—like Chapter 13 repayment plans, offers in compromise, or litigation defenses—that can help reduce the burden even if you can’t erase the debt entirely.

Let me know what kind of debts you have, and I’ll help you sort out which ones may be dischargeable and what strategy might work best.

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Andres Montejo Law

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