Bankruptcy is often described as a fresh start. In many cases, that is directionally true. But it is not a total reset button. Some debts commonly survive the case, and those surviving balances can shape everything from filing strategy to settlement timing to post-bankruptcy budgeting.
That is where nondischargeable debt comes in.
In plain English, nondischargeable debt is debt that bankruptcy does not wipe out. The Bankruptcy Code includes a long list of exceptions, and some of them apply automatically while others require a creditor to file a lawsuit inside the bankruptcy case and prove specific facts. The details can vary depending on the chapter filed, the kind of debt involved, and whether the creditor takes action before a deadline. The U.S. Bankruptcy Code’s main list of exceptions appears in 11 U.S.C. § 523, and the federal courts’ public guidance makes the same basic point: some debts survive even when a discharge is entered. United States Courts
This article is part of a broader look at bankruptcy options and restructuring paths. Here, the focus is narrower: which debts often survive, why they survive, and what that often means for people trying to plan around them. If you want a simpler overview first, this companion guide on debts that often remain after bankruptcy can help frame the basics before diving into the categories below.
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A discharge is the court order that eliminates personal liability on many debts. A nondischargeable debt is one the discharge does not eliminate. Bankruptcy courts describe it this way in straightforward terms: it is a debt that cannot be erased in bankruptcy, with examples including domestic support obligations, certain taxes, many student loans, criminal restitution, and debts tied to fraud in some situations. U.S. Bankruptcy Court Glossary
That sounds simple, but the practical reality is more layered.
Certain debts are excluded from discharge by statute without the creditor filing a separate adversary proceeding. Domestic support obligations are a familiar example, and many tax and criminal obligations also fall into this category under § 523.
Other debts, especially those tied to allegations like false pretenses, fraud, fiduciary misconduct, embezzlement, larceny, or willful and malicious injury, often require the creditor to file a timely complaint and win. Federal courts explain that those debts may still be discharged if the creditor does not bring and prove the claim within the applicable bankruptcy deadline. United States Courts Rule 4007
This distinction matters. If one debt is ruled nondischargeable, the rest of the discharge may still stand. By contrast, a denial of discharge can leave the filer without any discharge at all. Courts regularly explain the difference: nondischargeability affects a particular debt, while denial of discharge affects the whole case. Northern District of Illinois Bankruptcy Court 11 U.S.C. § 727
If that distinction feels slippery, this separate discussion of common misunderstandings about bankruptcy debts may help connect the vocabulary to real-world expectations.
Among the clearest examples of nondischargeable debt are domestic support obligations. These generally include child support, alimony, and certain other support-related obligations created by court order, statute, separation agreement, or divorce decree. They are expressly excepted from discharge under 11 U.S.C. § 523(a)(5).
Federal bankruptcy courts routinely list alimony, child maintenance, and support among the core debts that are not discharged. District of Delaware Bankruptcy Court