Last reviewed: 6 October 2026
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Which debts a Chapter 7 discharge cannot erase: the exceptions in plain language
A Chapter 7 discharge releases an individual debtor from personal liability for most debts, but not all of them. The U.S. Courts say debts not discharged in Chapter 7 include child support and alimony, certain taxes, certain government-backed educational loans, debts for death or injury from driving while intoxicated, and certain criminal restitution orders.[1] Some other kinds, such as debts for fraud or for willful and malicious injury, are discharged unless the creditor asks the court and wins.[2] The full list is in 11 U.S.C. § 523(a). The ordinary Chapter 13 discharge works from a shorter list, which this page summarizes and which our Chapter 7 vs. Chapter 13 page puts in context. This page does not tell you whether your debts fall into a category.
The short version
- Not every debt is erased. The debtor remains liable for non-dischargeable debts to the extent they are not paid in the case.[1]
- Some categories need the creditor to act. Debts of the kind in paragraphs (2) (fraud), (4) (fiduciary fraud, embezzlement, larceny) and (6) (willful and malicious injury) are discharged unless, on the creditor’s request and after notice and a hearing, the court finds them excepted.[2][1]
- A discharge does not remove a lien. The U.S. Courts say it does not extinguish a lien on property.[1]
- Which discharge: section 523(a) applies to discharges under sections 727 (Chapter 7), 1141, 1192, 1228(a), 1228(b) and 1328(b). The ordinary Chapter 13 discharge under section 1328(a) excepts only a shorter list: debts provided for under section 1322(b)(5); debts of the kind in section 507(a)(8)(C) or section 523(a)(1)(B), (1)(C), (2), (3), (4), (5), (8) or (9); restitution or a criminal fine in a criminal sentence; and restitution or damages awarded in a civil action for willful or malicious injury that caused personal injury to or the death of an individual.[2][3]
The main categories
| Debt | What section 523(a) says |
|---|---|
| Certain taxes (§ 523(a)(1)) | A tax or customs duty of the kinds and periods in sections 507(a)(3) or 507(a)(8), whether or not a claim was filed; a tax for which a required return was not filed, or was filed late and within two years before the petition; and a tax for which the debtor made a fraudulent return or willfully tried to evade it.[2] |
| Money obtained by fraud (§ 523(a)(2)) | Money, property, services or credit obtained by false pretenses, a false representation or actual fraud, other than a statement about financial condition; or by a materially false written statement about the debtor’s or an insider’s financial condition, reasonably relied on by the creditor and made with intent to deceive.[2] |
| Recent luxury purchases and cash advances (§ 523(a)(2)(C)) | Consumer debts to a single creditor totaling more than the dollar amount for luxury goods or services incurred on or within 90 days before the order for relief, and cash advances over a set amount on an open-end consumer credit plan within 70 days before it, are presumed non-dischargeable. The statute states $500 and $750; the adjustment effective 1 April 2025 made them $900 and $1,250. “Luxury goods or services” does not include goods or services reasonably necessary to support the debtor or a dependent.[2] |
| Debts not listed (§ 523(a)(3)) | A debt neither listed nor scheduled, with the creditor’s name if known, in time to permit a timely proof of claim (and, for fraud-type debts, a timely request for a dischargeability ruling), unless the creditor had notice or actual knowledge of the case in time.[2] |
| Fiduciary fraud, embezzlement, larceny (§ 523(a)(4)) | Debts for fraud or defalcation while acting in a fiduciary capacity, embezzlement or larceny.[2] |
| Domestic support (§ 523(a)(5)) | A debt for a domestic support obligation.[2] |
| Willful and malicious injury (§ 523(a)(6)) | Debts for willful and malicious injury by the debtor to another entity or to another entity’s property.[2] |
| Government fines and penalties (§ 523(a)(7)) | To the extent a debt is a fine, penalty or forfeiture payable to and for the benefit of a governmental unit that is not compensation for actual pecuniary loss, other than the tax penalties described in the paragraph.[2] |
| Education debts (§ 523(a)(8)) | Not discharged unless excepting the debt would impose an “undue hardship” on the debtor and the debtor’s dependents. This covers educational benefit overpayments and loans made, insured or guaranteed by a governmental unit or under a program funded in whole or part by a governmental unit or nonprofit institution; obligations to repay funds received as an educational benefit, scholarship or stipend; and any other educational loan that is a “qualified education loan” under the Internal Revenue Code.[2] The section does not define undue hardship. |
| Intoxicated driving (§ 523(a)(9)) | Debts for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel or aircraft if the operation was unlawful because the debtor was intoxicated from using alcohol, a drug or another substance.[2] |
| Criminal restitution (§ 523(a)(13)) | Any payment of an order of restitution issued under title 18, United States Code.[2] |
| Divorce-related debts (§ 523(a)(15)) | Debts to a spouse, former spouse or child of the debtor, not of the support kind in paragraph (5), incurred in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.[2] |
| Condominium, co-op and homeowners association fees (§ 523(a)(16)) | Fees or assessments that become due after the order for relief, for as long as the debtor or the trustee has a legal, equitable or possessory ownership interest in the unit, share or lot.[2] |
The section has more paragraphs than this table shows. They include debts from a prior case in which the debtor waived discharge or was denied one, certain debts tied to depository-institution fiduciary fraud and capital commitments, debts incurred to pay non-dischargeable taxes, certain election-law fines, prisoner filing fees, certain retirement-plan loans, and certain securities-law judgments.[2]
Which exceptions need the creditor to act
Section 523(c)(1) says the debtor is discharged from a debt of the kind in paragraph (2), (4) or (6) unless, on request of the creditor and after notice and a hearing, the court determines the debt is excepted from discharge.[2] The U.S. Courts put it this way: debts for money or property obtained by false pretenses, for fiduciary fraud, and for willful and malicious injury are discharged unless a creditor timely files and prevails in an action to have them declared non-dischargeable.[1]
If a creditor asks for a ruling that a consumer debt of the fraud kind in paragraph (2) is non-dischargeable and the debt is discharged, the court shall give the debtor judgment for the costs and a reasonable attorney’s fee of the proceeding if the creditor’s position was not substantially justified, unless special circumstances would make the award unjust.[2]
A debt that was non-dischargeable once
Section 523(b) says a debt excepted from discharge under paragraph (1), (3) or (8) in an earlier case is dischargeable in a later case unless it is excepted by the terms of subsection (a) in the later case.[2]
What happens to these debts after bankruptcy
A debt that is not discharged stays collectible. The U.S. Courts say the debtor continues to be liable for these types of debts to the extent they are not paid in the case.[1] For a debt that is discharged, a creditor may no longer start or continue any legal or other action to collect it.[1] See federal student loan default, how the IRS collects a tax debt and child support arrears for how some of these debts are collected.
What this page does not cover
It does not decide whether a debt of yours is dischargeable, explain which taxes fall in the section 507(a)(8) periods, or say how a court decides undue hardship. It does not cover the Chapter 13 discharge beyond the short summary above. Bankruptcy has serious consequences and strict rules. This is general information, not legal advice. Our Standard checks companies; it does not review any court process.
Your next step
A bankruptcy attorney can tell you how these categories apply to a particular debt; see free legal help for debt problems. For how the two main consumer chapters differ, see Chapter 7 vs. Chapter 13. For what the filing does right away, see the automatic stay. To check a company that offers bankruptcy or debt help, use the Register and our guide to checking a company yourself.
When we will update this page
We revisit it when sections 523 or 1328 change or the dollar amounts are next adjusted. Sources last read 6 October 2026.
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