One of the biggest benefits of filing bankruptcy is the discharge — a court order that wipes out your legal obligation to repay certain debts. For many Los Angeles residents drowning in bills, a discharge can feel like a genuine fresh start. But bankruptcy isn’t a universal solution for every type of debt. Some obligations survive the process entirely, and understanding which ones can help you set realistic expectations before you file.

What “Discharge” Actually Means

When a debt is discharged, you are no longer personally liable for it. Creditors cannot continue to pursue collection, file lawsuits, or garnish your wages to recover that balance. However, discharge only applies to eligible debts. Certain categories are specifically excluded under the Bankruptcy Code, regardless of which chapter you file.

Debts That Generally Cannot Be Discharged

Child support and alimony are among the most firmly protected obligations in bankruptcy. These domestic support payments survive both Chapter 7 and Chapter 13 and must be paid in full.

Most student loans are not dischargeable unless you can demonstrate undue hardship — a legal standard that is difficult to meet and requires a separate court proceeding. This is one of the most common misconceptions people have about bankruptcy.

Certain tax debts also survive discharge. Recent income tax obligations — generally those less than three years old — typically cannot be eliminated through bankruptcy. Older tax debts may qualify for discharge under specific conditions, which is worth discussing with an attorney.

Debts arising from fraud or intentional misrepresentation are non-dischargeable. If a creditor can show that you obtained money, credit, or property through false pretenses, that debt will likely survive your bankruptcy filing.

Debts incurred as a result of drunk driving — including civil judgments for personal injury or death — are also excluded from discharge under federal bankruptcy law.

Criminal fines, penalties, and restitution obligations cannot be wiped out in bankruptcy. If you owe money to a government agency as part of a criminal matter, that obligation remains intact.

What Bankruptcy Can Still Do for Non-Dischargeable Debts

Just because a debt can’t be discharged doesn’t mean bankruptcy offers no relief. Chapter 13 bankruptcy, in particular, can be a powerful tool for managing non-dischargeable obligations. By restructuring your finances into a three-to-five-year repayment plan, Chapter 13 can help you catch up on back taxes, bring current child or spousal support arrears, and address other obligations that would otherwise remain out of reach.

In some cases, Winterbotham Parham Teeple, a PC may recommend a Chapter 20 approach — filing Chapter 7 first to eliminate dischargeable debts, followed by a Chapter 13 to address what remains. This strategy can make non-dischargeable debt far more manageable by reducing the overall burden.

Talk to an Attorney Before Assuming the Worst

Many people avoid filing bankruptcy because they assume their specific debts won’t qualify for discharge. In reality, most consumers carry a mix of dischargeable and non-dischargeable debt, and eliminating even a portion of what you owe can make a significant difference in your financial picture.

At Winterbotham Parham Teeple, a PC, we’ve been helping Southern California residents navigate bankruptcy for over 30 years. Our offices serve Los Angeles, Orange, Riverside, and San Bernardino counties, and we offer free consultations to help you understand exactly where you stand.

If you’re in Los Angeles and ready to explore your options, contact Winterbotham Parham Teeple, a PC or call 800.400.9000 today.