Which Debts Cannot Be Discharged Through Bankruptcy?
April 10, 2026
Dealing with mounting debt can feel like being trapped in a room where the walls are slowly closing in. Financial hardship can happen to good people due to circumstances beyond their control, such as a medical emergency, job loss, or a sudden economic shift.
Bankruptcy is a useful tool that can allow you to discharge certain debts and regain financial stability. However, not all debts can be discharged through bankruptcy, so it's important to understand these limitations before filing.
At The Law Offices of David K. Blazek, P.C., we’re committed to helping you explore which debts can be discharged and whether bankruptcy is right for you. With offices in Tampa and Boca Raton, Florida, and Atlanta, Georgia, reach out to us today to explore how we can help.
Types of Debts That Generally Cannot Be Erased
While bankruptcy is often viewed as a way to wipe the slate completely clean, certain obligations cannot be eliminated. It’s vital to know which debts will be erased and which debts you will still be responsible for, so you can plan your future budget accurately. The most common types of debt that typically can't be eliminated through bankruptcy include:
Child support and alimony: Obligations to support a former spouse or your children are considered priority debts and are almost never discharged.
Most tax obligations: While some older income taxes might be eligible for relief, most recent federal, state, and local taxes must still be paid.
Student loans: In the vast majority of cases, educational loans stay on your record unless you can prove an extreme and permanent hardship.
Government fines and penalties: Money owed to government agencies, such as traffic tickets, court fines, or restitution for a crime, are typically not dischargeable.
Knowing these exceptions helps you focus on the debt that can be eliminated, such as credit card balances and medical bills. A skilled bankruptcy attorney can help you paint a clear picture of your financial standing and prioritize which debts you should repay first.
Debts Resulting From Dishonest or Harmful Actions
Bankruptcy is designed to provide relief to "honest debtors," meaning that you are typically still required to pay debts arising from bad faith or illegal conduct. The bankruptcy court will look at the history of your debts to identify any potential red flags that a creditor might try to use against you. Common dishonest or harmful debts that cannot be discharged include:
Fraudulent luxury purchases
Debts from personal injury due to intoxication
Willful and malicious injury
Debts omitted from your filing
By carefully reviewing your debt history with an attorney, you can often address these issues before they become roadblocks. If you’re worried about how a specific debt might be viewed, a bankruptcy attorney can help you analyze your debts and clarify how they might impact your bankruptcy filing.
Court-Ordered Fees and Legal Obligations
Beyond child support, certain legal obligations typically cannot be discharged through bankruptcy. It’s important to distinguish these from regular civil debts, like a broken lease or a utility bill, to make sure you maintain responsibility for these debts:
Criminal restitution: If a judge ordered you to pay back a victim as part of a sentence, that debt is permanent until paid.
Homeowner association fees: Fees that build up after you file for bankruptcy stay your responsibility as long as you legally own the property.
Retirement account loans: If you borrowed money from your own 401(k) or similar plan, you usually have to keep paying that back through your payroll.
Certain court costs: Fees owed to the court system for prior litigation are often not dischargeable.
While it might seem like a lot stays on the table, the debt erased through bankruptcy typically provides enough relief to handle the remaining items easily. A bankruptcy attorney can help you create a post-filing plan that accounts for these ongoing costs.
How Does Bankruptcy Impact Secured Debts?
Secured debts are different from unsecured debts because they’re backed by collateral, such as your home or your car. When you file for bankruptcy, secured debts are typically not dischargeable. However, there are ways you can address secured debts, depending on whether you want to keep the property. These include the following:
Reaffirmation agreements: You can sign a new contract promising to keep paying for a car or a house to prevent the lender from repossessing it.
Redemption: In some cases, you can pay a lump sum equal to the item's current value to own it outright, though this is less common for high-value items.
Surrender: You can choose to return the property to the lender, which may wipe out the remaining balance and free you from the monthly payments.
Chapter 13 catch-up: If you’re behind on payments, filing for Chapter 13 bankruptcy allows you to pay back the amount over several years while keeping your home or vehicle.
Deciding which of these options best fits your circumstances requires a thorough review of your income and long-term goals. A bankruptcy attorney can talk through these choices with you to help you retain control of your assets and streamline debt repayment.
Contact an Experienced Bankruptcy Attorney for Support in Florida & Georgia Today
Filing for bankruptcy to relieve overwhelming debt isn't an easy decision. It takes courage to admit that the current path isn't working and to seek out a better way forward. At The Law Offices of David K. Blazek, P.C., we are experienced in helping our clients regain their financial footing and their peace of mind.
With offices in Tampa and Boca Raton, Florida, and Atlanta, Georgia, we serve clients in Miami, Jacksonville, and Orlando, Florida, as well as Atlanta, Macon, and Columbus, Georgia. Reach out to our firm today to schedule a consultation and explore which debts can and cannot be discharged through bankruptcy.