Does Chapter 7 wipe out all debt?
No. Chapter 7 wipes out most debts, but not all. Alimony and child support stay. So do certain taxes and some government education loans. Debts for injury caused by drunk driving stay too. A lender with a lien may still take the property. A bankruptcy lawyer can tell you which debts stay and how Chapter 7 vs Chapter 13 compares.
On this page
In Chapter 7 vs Chapter 13, Chapter 7 is the one that ends most debts without a payment plan. It does not end all of them.
Most debts are wiped out
The U.S. Courts Chapter 7 guide says: "An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case."
Debts that stay
The guide says: "But not all of an individual's debts are discharged in chapter 7." The list of debts not discharged starts with "debts for alimony and child support, certain taxes." It also names certain education loans and benefit overpayments from a government unit, and "debts for willful and malicious injury by the debtor to another entity or to the property of another entity." It names "debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders."
Liens can stay
The guide also says: "Secured creditors may retain some rights to seize property securing an underlying debt even after a discharge is granted." Will I lose my house if I file Chapter 7? covers the house.
Ask about your own debts
What's the difference between Chapter 7 and Chapter 13? has the side-by-side view. Chapter 7 or 13: the filing order has the steps, and how to choose a bankruptcy lawyer has the checks.
This page is general information, not legal advice.
Sources
Where our facts come from
- U.S. Courts: Chapter 7, Bankruptcy Basicsuscourts.gov
Who wrote this page
- Written by
- Chapter Fresh editorial staff. Who runs this site
- Licensed professional
- None. No bankruptcy attorney has checked this page.
Ask which chapter fits
Bankruptcy lawyers that serve your area may call about chapter 7 vs chapter 13. The call does not file a case or hire them.