Not all debts can be wiped out in bankruptcy. This screener walks through your debt types one by one and tells you which are likely dischargeable in Chapter 7 or Chapter 13 - and which will survive the filing and still be owed after discharge.
A bankruptcy attorney reviews your exact debt list, confirms what's dischargeable, and tells you which chapter eliminates the most. Free initial consultation in most areas.
Credit card balances, medical bills, personal loans, payday loans, utility arrears, and most unsecured consumer debt are dischargeable in both Chapter 7 and Chapter 13. These make up the majority of what most filers owe.
Chapter 7 wipes these out completely within 4 to 6 months. Chapter 13 discharges whatever remains after you complete your repayment plan - often 90% to 100% of unsecured balances for lower-income filers.
Older income tax debts can also be discharged if the return was filed on time, the tax is at least 3 years old, and the IRS assessment is at least 240 days old. Use the bankruptcy chapter selector to see which chapter handles your specific debt mix most effectively.
Some debts are non-dischargeable under 11 U.S.C. § 523. These include child support, alimony, most student loans, recent income taxes (under 3 years old), debts from fraud or false pretenses, and criminal restitution.
Student loans survive unless you can prove "undue hardship" in a separate adversary proceeding - a high bar that requires showing you can't maintain a minimal standard of living while repaying the loan. The student loan discharge screener helps assess whether you might qualify.
Debts from DUI-related personal injury judgments, debts from willful and malicious injury to another person, and fines owed to government entities also survive discharge in virtually all cases.
Chapter 7 grants a broader discharge faster - usually within 4 to 6 months - but it can't discharge domestic support obligations, recent taxes, or student loans any more than Chapter 13 can.
Chapter 13 has a slightly broader discharge. It can wipe out certain property settlement obligations from divorce (not domestic support), and debts from willful injury to property (not people) in some circumstances. It also discharges remaining unsecured balances after the plan completes.
If you're not sure which chapter fits your debt situation, the Chapter 7 means test calculator shows whether your income qualifies you for Chapter 7 first.
Yes. A creditor has 60 days from your first creditors meeting to file a complaint objecting to discharge of their specific debt. Most creditors don't bother - it costs money to litigate and most debts don't have grounds for objection.
The most common grounds for objection are fraud, false representations on a credit application, and "luxury purchases" - charging more than $800 on a single credit card within 90 days of filing, or taking more than $1,100 in cash advances within 70 days. Those amounts are presumptively non-dischargeable.
A creditor who successfully objects gets a judgment that survives your bankruptcy. An attorney reviews your recent spending before filing to flag any debts that carry objection risk.