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Bankruptcy and debt

Debt discharge estimator

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.

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Estimates only. Dischargeability depends on specific facts, timing, and how each debt was incurred. This tool provides general guidance only. A bankruptcy attorney reviews your actual debts to confirm what survives. See our full disclaimer.

Debt discharge screener

Your debt discharge estimate

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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.

Confidential. Most bankruptcy attorneys offer free initial consultations.

What debts are always dischargeable in bankruptcy?

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.

What debts survive bankruptcy no matter what?

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.

What's the difference in discharge between Chapter 7 and Chapter 13?

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.

Can creditors object to a debt being discharged?

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.

Frequently asked questions

Yes. Medical bills are unsecured debt and are fully dischargeable in both Chapter 7 and Chapter 13. They're treated exactly like credit card debt - wiped out completely in Chapter 7 or partially paid through a Chapter 13 plan with the remainder discharged at completion. Medical debt is one of the leading causes of consumer bankruptcy filings in the U.S., and discharge provides complete relief from those obligations.
Rarely, but yes. Student loans are dischargeable if you can prove "undue hardship" through a separate adversary proceeding filed within your bankruptcy case. Most courts apply the Brunner test: you must show you can't maintain a minimal standard of living while repaying, your financial situation is unlikely to improve, and you've made good-faith efforts to repay. The 2022 Guidance from the DOJ makes the process somewhat more accessible than before. It's difficult but not impossible - particularly for older borrowers, those with permanent disabilities, or those with loans far exceeding earning potential.
Some are. Income tax debts may be discharged if: the tax return was due at least 3 years before filing, the return was actually filed at least 2 years before filing, the IRS assessed the tax at least 240 days before filing, and the return was not fraudulent. Payroll taxes, trust fund taxes, and taxes for which you filed a fraudulent return are never dischargeable. The timing rules are precise - being off by even one day can disqualify the debt. An attorney runs the exact calculation on each tax year.
Your discharge eliminates your personal liability on the debt. But your co-signer remains fully liable - the creditor can and will pursue them for the full balance once your discharge is entered. In Chapter 13, the "co-debtor stay" temporarily protects co-signers on consumer debts during your plan. If protecting a co-signer matters to you, Chapter 13 may be the better choice. Talk to your attorney about how to structure the plan to minimize impact on co-signers.
A discharge is a permanent federal court injunction - a creditor who attempts to collect a discharged debt is in contempt of court and can be sanctioned. However, if you voluntarily reaffirm a debt before discharge (commonly done for car loans), you remain liable and the debt is not discharged. Also, if a creditor later discovers fraud in the original incurrence of the debt, they can petition to revoke the discharge within 1 year. And if you file Chapter 7 again, there's an 8-year waiting period from your prior Chapter 7 discharge.

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