Student Loan Debt

• Federal student loan debt will remain after bankruptcy in most cases. The only time that student loans can be discharged is in some specific hardship situations, where a filer is disabled or extremely unlikely to ever be able to pay the debt. Even though you cannot discharge this debt, you can place the student loans in a Chapter 13 repayment plan, possibly making the payments more manageable or stopping any collection action while you re-pay the debts under a court-ordered plan.
  
  

Alimony and Child Support

• Alimony and child support obligations will not be discharged in a bankruptcy. Any past-due spousal or child support will still need to be paid according to the court order from your divorce. The past-due payments can be caught up with a Chapter 13 bankruptcy repayment plan, but they are treated as a priority and must be paid before other debts are paid in the plan.
  
  

Criminal Acts and Judgments

• Debts that you incur through fraudulent acts or a court-ordered payment of restitution cannot be discharged in bankruptcy. This includes debt to governmental entities for fines or other fees. Debts incurred from a judgment due to a drunk driving accident cannot be discharged in bankruptcy and will be payable in full, but other judgments based on liability may be dischargeable, depending on the circumstances surrounding the judgment.
  
  

Tax Debt

• Some tax debt may be dischargeable in bankruptcy. Debts that you owe from payroll withholding for employees cannot be discharged. You must have filed a tax return at least two years before filing for bankruptcy for the taxes to be eligible for discharge, and the return had to be due at least three years before filing. The return cannot be fraudulent, and you cannot have otherwise tried to evade the taxes. The taxes must also have been assessed at least 240 days before you filed for bankruptcy, or it must not have been assessed yet, to be eligible for discharge.