Bankruptcy Discharge: Which Debts Are Non-Dischargeable

Author: Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 20 Sep 2010 - Updated: 9 Sep 2026
Publication Type: Informative

Table of Contents:
Synopsis - Definition - Overview - FAQs - Insights, Updates - Related Content

Synopsis

This article provides insights into the complexities of discharging debts, particularly in the context of bankruptcy, highlighting which debts may be eligible for discharge and which are not. It addresses crucial topics such as tax debts, student loans, and support payments, making it particularly relevant for individuals facing financial difficulties, including seniors and those with disabilities. The discussion on the current state of student loans and the potential for future changes offers a timely perspective for those burdened by educational debt.

At a Glance

• 1 - Student loans currently cannot be discharged under any circumstance. Education debt has now surpassed credit card debt in the United States.
• 2 - Tax debt older than four years may qualify for discharge if it was filed accurately and on time. The IRS or Franchise Tax Board still holds the final decision.
• 3 - Child support and spousal support are never erased through bankruptcy. You remain responsible unless you can prove the debt is not actually owed.
• 4 - The information is especially relevant for seniors and people with disabilities facing financial hardship. Knowing which debts survive helps them plan a realistic financial strategy.

Topic Definition

Non-Dischargeable Debt

Non-dischargeable debt refers to money you owe that cannot be wiped out or eliminated when you file for bankruptcy, meaning you remain legally responsible for paying it even after your case is settled. While bankruptcy can clear many obligations, certain categories are protected by law and stay with the debtor no matter what. The most common examples include student loans, child support, and spousal support, along with many tax debts that fail to meet strict age and filing requirements. Understanding this distinction matters because it shapes what someone can realistically expect to gain from filing, and it helps people separate the debts that may be forgiven from the ones they will still have to repay once the process is over.

Overview

Discharge or Non Dischargeable - That is the Question

It often happens that for one reason or another you owe back taxes. The IRS can be relentless in their pursuit for payment.

Taxes

"The only thing certain is death and taxes" - Ben Franklin.

It may seem like filing for Bankruptcy would get the tax man off your back, but this is not necessarily the case. The Franchise Tax Board and the Internal Revenue Service really don't like to lose money.

How can you tell if your tax debt is likely to be discharged with a Chapter 7 bankruptcy?

Here is a good rule of thumb. If you tax debt is more than 4 years old and was filed accurately and on time then those debts might be dischargeable.

The final say is still given to the IRS or Franchise Tax Board. In conclusion, some tax debt is sometimes dischargeable - sometimes.

The Cost of an Education

Student loans are never dischargeable.

If a loan was granted for the purposes of education then currently that debt can not be discharged under any circumstance. I say currently because our President has put in motion some changes that may help the next group of broke, but educated, post graduates. The Wall Street Journal recently reported that student loan debt has now surpassed credit card debt. One can only hope that soon a person struggling for financial freedom will be able to discharge these debts also.

Support Payments

Child Support and Spousal Support are never discharged with bankruptcy. Unless you can prove that you do not owe those debts, they are yours to pay.

The law specifically states that all debts "to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child..." will not be discharged in bankruptcy.

Frequently Asked Questions

Does filing Chapter 7 stop the IRS from collecting all tax debt

No, filing Chapter 7 does not automatically remove tax debt, since only certain older obligations may qualify and the IRS or Franchise Tax Board retains the final decision.

What is the difference between Chapter 7 and Chapter 13 bankruptcy

Chapter 7 liquidates eligible assets to erase qualifying debts quickly, while Chapter 13 sets up a repayment plan over three to five years to help you catch up on what you owe.

Can a private student loan be discharged more easily than a federal one

Both private and federal student loans are treated as non-dischargeable, so neither type can be erased through a standard bankruptcy filing under current rules.

How long does a bankruptcy stay on a credit report

A Chapter 7 bankruptcy generally remains on a credit report for up to ten years, while a Chapter 13 filing typically stays for around seven years.

Are past due income taxes and payroll taxes treated the same in bankruptcy

No, certain older income taxes may be dischargeable, but payroll or trust fund taxes are treated as priority debts and are not erased in bankruptcy.

Can I discharge medical debt through bankruptcy

Yes, medical debt is generally treated as unsecured debt and can often be discharged in bankruptcy, unlike student loans or support obligations.

What happens to my debts if I do not file for bankruptcy

Without filing, you remain fully responsible for all debts, and creditors may continue collection efforts such as calls, wage garnishment, or legal action.

Should I consult a professional before filing for bankruptcy

Yes, speaking with a qualified bankruptcy attorney or financial counselor helps you understand which debts survive and whether filing fits your situation.

Insights, Analysis, and Developments

Editorial Note: In conclusion, understanding the nuances of non-dischargeable debts is crucial for anyone considering bankruptcy, particularly vulnerable populations like seniors and individuals with disabilities. This knowledge not only prepares them for the realities of bankruptcy proceedings but also empowers them to take control of their financial futures. By recognizing which debts will remain post-bankruptcy, individuals can better strategize their financial plans and seek additional resources or assistance as needed.

Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability, a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.