Chapter 7 bankruptcy gives you the chance to eliminate overwhelming debt and reset your financial future. But which debts can actually be discharged — and which ones can’t?
What Debts Are Discharged in Chapter 7 Bankruptcy?
If you’re considering Chapter 7 bankruptcy, this page will help you understand exactly what debts are wiped out and what obligations may remain after your case is complete.
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What Does “Discharge” Mean in Bankruptcy?
When a debt is discharged in Chapter 7 bankruptcy, you are no longer legally required to repay it. Creditors cannot:
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Sue you
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Call or send collection letters
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Garnish your wages
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Take legal action to recover the money
In short, a discharge gives you permanent relief from certain debts.
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Debts That Are Discharged in Chapter 7 Bankruptcy
Most unsecured debts (debts not tied to property like a house or car) can be discharged in Chapter 7. These commonly include:
1. Credit Card Debt
All types of credit card balances, including:
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Late fees
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Over-limit charges
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Store credit cards
Unless the debt was incurred through fraud, it is dischargeable.
2. Medical Bills
Hospital bills, doctor bills, emergency room charges, and other health-related debts are fully dischargeable in Chapter 7.
3. Personal Loans
Unsecured personal loans — including those from banks, online lenders, friends, or family — are typically wiped out.
4. Payday Loans
Short-term, high-interest payday loans are dischargeable, even if they were taken out recently. However, lenders may object if they claim you never intended to repay.
5. Utility Bills
Past-due electric, gas, water, internet, and phone bills can be discharged. Your utility provider may require a deposit to continue service.
6. Old Rent and Lease Payments
If you’ve moved out and still owe back rent, those amounts can be included in your Chapter 7 discharge.
7. Repossessions and Foreclosure Deficiencies
If your car or home was repossessed or foreclosed on, any remaining balance you owe on the loan can be wiped out.
8. Some Older Tax Debts
Certain income taxes may be dischargeable if:
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The taxes are at least 3 years old
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You filed a timely return
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No fraud was involved
Your bankruptcy attorney can analyze your tax situation in detail.
9. Judgments from Lawsuits
If a creditor sues you and wins a judgment for unpaid debt (like credit cards or medical bills), that judgment can still be discharged — unless it’s for fraud, injury, or certain exceptions.
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Debts That Cannot Be Discharged in Chapter 7
Not all debts go away in bankruptcy. Here are the most common non-dischargeable debts:
1. Student Loans
Most student loans are not discharged in bankruptcy unless you prove undue hardship, which is difficult (but not impossible) to do.
2. Recent Income Taxes
Income taxes from the last few years usually cannot be discharged. Payroll taxes and tax penalties are also non-dischargeable.
3. Child Support and Alimony
Ongoing and past-due child support or spousal support payments are not dischargeable under any chapter.
4. Fines and Penalties Owed to Government Agencies
This includes:
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Court fines
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Traffic tickets
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Restitution from criminal cases
5. Debts from Fraud or Malicious Acts
If you obtained debt through false pretenses, fraud, or willful injury to another person, the creditor may challenge the discharge in court.
6. Personal Injury Judgments from DUI Accidents
If you injured someone while driving under the influence, any resulting civil judgment or debt cannot be discharged.
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What Happens If a Debt Isn’t Discharged?
If a debt is non-dischargeable, you’ll remain legally responsible for paying it after your Chapter 7 case is over. Your attorney can help you:
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Set up a repayment plan
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Negotiate with creditors
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Explore alternatives like Chapter 13 if needed
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How to Know Which of Your Debts Can Be Discharged
Every situation is unique. An experienced bankruptcy attorney can:
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Review your full debt list
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Identify which debts qualify for discharge
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Help protect your income and assets
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Make sure you don’t miss any debts in your petition
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Experienced Chapter 7 Bankruptcy Lawyers Who Care About Your Future
Related Pages:
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Let Us Help You Through the Chapter 7 Bankruptcy Process
Filing for bankruptcy can feel overwhelming — but you don’t have to go through it alone. At Mosakowski Law, we’ve helped people throughout Florida eliminate debt and rebuild their lives.
We make the process simple, affordable, and stress-free.​
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