How it Works

Non-Dischargeable Debts

Not All Debts Are Eliminated in Bankruptcy


Although most debts are dischargeable in bankruptcy, certain types of debts cannot be discharged in a bankruptcy.  These debts are called non-dischargeable and apply in every case.  This just means that even if you file for bankruptcy, you will still owe on these debts. This may seem unfair, however, these exceptions were created as a policy choice to protect certain parties from having their debts discharged. However, certain debts that are normally dischargeable may be ruled as non-dischargeable if a debtor has committed a crime or fraud. The government understands that sometimes people need a fresh financial start. However, it strikes a balance between the need to forgive and repay certain debts. While bankruptcy is a legal way for individuals and businesses to eliminate or pay down debt, it does not discharge all debts.


 Non-dischargeable Debts in a Bankruptcy


  1. Student loans (unless repayment would cause you undue hardship)
  2. Court judgments for injuries or death to someone arising from your intoxicated driving
  3. Back child support and alimony obligations, and debts considered in the nature of support
  4. Federal & state income taxes less than three years past due
  5. Child support payments
  6. Debts not listed in a bankruptcy petition
  7. Most spousal support payments
  8. Criminal fines
  9. Court fees
  10. Debts for personal injury resulting from driving while intoxicated
  11. Condominium or cooperative housing fees


Circumstances in Which Normally Dischargeable Debts May Become Non-dischargeable


  1. Debts incurred on the basis of fraud, such as lying on a credit application or writing a bad check
  2. Debts from willful or malicious injury to another or another’s property
  3. Debts from larceny (theft), breach of trust or embezzlement, or
  4. Debts arising out of a marital settlement agreement or divorce decree that aren’t otherwise automatically non-dischargeable as support or alimony


Get the Straight Facts


The Bankruptcy Code is complex. At the Lozano Law Offices, you will get trusted answers to all your bankruptcy questions.  If you have questions about which debts can be discharged in bankruptcy, call us immediately at (510) 538-7188 or contact us online to schedule an appointment. Attorney Crispin Lozano will meet with you during a free initial consultation and explain which debts are not dischargeable in bankruptcy.  We know the bankruptcy laws from the inside out. Using our knowledge of the law, we will work to help you start rebuilding your financial future on more solid ground.

Toll Free 1-877-4LOZANO for free consultation or Schedule an Appointment