One of the most fundamental questions in any bankruptcy case is: which of my debts will actually go away? In Chapter 7 bankruptcy, the goal is a discharge — a court order that permanently eliminates your personal liability for covered debts. But not all debts are dischargeable. Understanding which debts can be eliminated and which will survive bankruptcy is essential to making an informed decision about whether Chapter 7 is the right path for you.

What "Discharge" Means

When a debt is discharged, the creditor can no longer legally collect it from you personally. They cannot call you, sue you, garnish your wages, or take any other collection action for that debt. You are no longer legally obligated to pay it. If the debt was secured (like a car loan or mortgage), the lien on the collateral generally survives discharge — meaning the creditor can still repossess or foreclose — but your personal liability for the debt is eliminated.

Debts That Are Typically Dischargeable

The following types of debts are generally dischargeable in Chapter 7:

Debts That Are Not Dischargeable

Section 523 of the Bankruptcy Code lists debts that cannot be discharged in Chapter 7. These include:

Child Support and Alimony

Domestic support obligations — child support and spousal support — are absolutely non-dischargeable. Bankruptcy does not reduce, modify, or eliminate these obligations.

Student Loans

Student loans are presumptively non-dischargeable unless the debtor can prove "undue hardship" — a standard that courts apply very stringently. In practice, very few borrowers successfully discharge student loans in bankruptcy. Some courts have become slightly more flexible in recent years, particularly for elderly or permanently disabled borrowers, but student loan discharge remains the exception rather than the rule.

Most Tax Debts

Recent income taxes are not dischargeable. Payroll taxes, trust fund taxes, and taxes assessed due to fraud are never dischargeable. The rules for tax dischargeability are complex, and a careful analysis of your specific tax situation is important.

Debts Arising from Fraud or Dishonesty

Debts obtained through fraud — such as false representations on a credit application, or running up credit card charges while insolvent with no intention to pay — are non-dischargeable. A creditor must file a complaint in the bankruptcy case to challenge the dischargeability of a debt on fraud grounds, and must do so within a specific time period.

Debts from Willful and Malicious Injury

Debts arising from intentional wrongdoing — assault, battery, conversion of property, and similar intentional torts — cannot be discharged.

Criminal Fines and Restitution

Criminal restitution orders and fines payable to government entities survive bankruptcy.

DUI-Related Debts

Debts arising from death or personal injury caused by the debtor's operation of a vehicle while intoxicated are non-dischargeable.

Secured Debts: A Special Case

Chapter 7 discharges your personal liability on a secured debt, but does not eliminate the creditor's lien on the collateral. This means:

Why the Analysis Matters Before You File

If most of your debt consists of non-dischargeable obligations — such as substantial student loans, tax debts, or child support arrears — Chapter 7 may not provide the relief you expect. Understanding exactly which of your debts will be eliminated before you file allows you to make a genuinely informed decision. An attorney can walk through your specific debts, flag any that may pose dischargeability issues, and help you evaluate whether Chapter 7, Chapter 13, or another approach best addresses your situation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every situation is different. For guidance specific to your circumstances, please consult a licensed Ohio attorney.