What Debts Cannot Be Discharged in Bankruptcy?
The 2026 Guide to Section 523 Exceptions in Florida
TL;DR / Direct Answer: While bankruptcy eliminates common debts like credit cards and medical bills, federal law protects certain obligations from being wiped out. The primary debts that cannot be discharged include: 1) Child support and alimony, 2) Most recent income taxes, 3) Student loans (with rare undue hardship exceptions), 4) Court fines and criminal restitution, and 5) Debts resulting from fraud or a DUI.
When you are overwhelmed by financial pressure in Central Florida, receiving a bankruptcy discharge feels like hitting the reset button on your life. A discharge is a federal court order that permanently wipes out your legal obligation to pay certain creditors. However, bankruptcy is not a magic eraser for everything. To balance a debtor’s right to a fresh start with public policy, the U.S. Bankruptcy Code specifically protects certain types of debts from being eliminated.
Whether you are filing for a Chapter 7 liquidation or seeking to reorganize your finances through a Chapter 13 bankruptcy, it is critical to know exactly which debts will survive the process. Understanding these exceptions—found in Section 523 of the Bankruptcy Code—allows you to plan your financial future accurately and avoid the risks of filing bankruptcy without a lawyer.
The 3 Categories of Non-Dischargeable Debts
Category 1: The Absolutes
These debts will never go away in bankruptcy under standard circumstances, reflecting strong public policy priorities.
- Domestic Support Obligations: Child support and alimony.
- Court Fines: Criminal restitution, traffic tickets, and court penalties.
- DUI Debts: Personal injury or wrongful death awards caused while driving under the influence (if you were injured by a drunk driver, our auto accident team ensures their debt to you cannot be discharged).
Category 2: The Rare Exceptions
These debts generally survive bankruptcy, but there are highly specific and difficult legal exceptions where they might be discharged.
- Student Loans: Only discharged if you can prove “undue hardship” in a separate adversary proceeding.
- Income Taxes: Recent taxes survive. However, income taxes older than 3 years (where the return was filed at least 2 years ago) may be legally discharged.
Category 3: Creditor Objections
These debts are normally dischargeable, but the creditor can successfully block the discharge if they prove you acted in bad faith.
- Fraud: Debts obtained under false pretenses or lies on a credit application.
- Recent Luxury Purchases: Large charges for non-essential goods made within 90 days of filing.
- Recent Cash Advances: Significant cash advances taken within 70 days of filing.
What if I have Non-Dischargeable Debt?
Just because a debt cannot be wiped out does not mean bankruptcy cannot help you. If you have significant back taxes or child support arrears, filing for Chapter 13 allows you to consolidate those un-dischargeable debts into a manageable 3-to-5-year repayment plan. While in this plan, the IRS or state agencies cannot garnish your wages or levy your bank accounts. For a complete overview of the process in Central Florida, read our Florida Bankruptcy Guide 2026.
Frequently Asked Questions
Will bankruptcy clear my medical bills and credit cards?
Yes. Medical bills, credit card balances, personal loans, and payday loans are considered “general unsecured debts.” Unless there was fraud involved, these are almost always 100% discharged in a successful Chapter 7 case. If you live in Orange County, you can consult an Orlando bankruptcy attorney to confirm your eligibility.
Are HOA (Homeowner Association) fees discharged?
It depends on the timing. HOA dues that accrued before you filed for bankruptcy can typically be discharged. However, any HOA fees that accrue after your filing date remain your legal responsibility for as long as your name is on the property deed.
Can I leave a specific debt out of my bankruptcy?
No. Federal law requires you to list all of your creditors when you file. You cannot pick and choose which credit cards or loans to include. However, if you wish to keep paying a specific creditor (like a family doctor or your car lender), you can voluntarily continue making payments or sign a Reaffirmation Agreement.
Find Out Exactly What You Can Eliminate
Stop guessing and start planning. Speak directly with our legal team to review your debts and determine your eligibility for a fresh start.
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