Debts that generally cannot be erased (discharged) or reduced through bankruptcy include child support, alimony, most student loans, recent or unpaid tax debt, and court-ordered fines or restitution. Other non-dischargeable debts include those resulting from fraud, embezzlement, or damages from drunk driving.
While bankruptcy can provide much-needed relief from many types of debts, it is important to understand that some debts, like student loans, child support, and certain taxes, cannot be wiped out. Knowing what won't be discharged helps you to make a more informed decision about your financial future.
bad debt. Bad debt refers to debt such as a loan or advance that a creditor can no longer recover. A debt cannot be recovered for a variety of reasons such as insolvent debtors.
The IRS has substantial authority to collect on debts such as student loans or unpaid taxes. It could intercept your tax refund or take your paycheck or bank account. Consumers often can work out a repayment plan to resolve these debts. Like child support, they generally never go away, even in bankruptcy.
Examples of debts that a lender may forgive include credit cards, student loan debt, medical debt, a mortgage (through foreclosure), or even a personal loan.
Student loans (unless you can prove repayment would be an undue hardship). Debts resulting from fraud, theft, or embezzlement. Court-ordered fines, penalties, or restitution. Most tax debts (some older tax debts may be dischargeable).
To write off debt you need to prove you are unable to pay what you owe. There are debt solutions that can do this for you. And, in some cases, the people you owe may agree to write off some, or all, of your debt. This may be through making a settlement offer.
The four main types of debt, often overlapping, are Secured (backed by collateral like a house), Unsecured (no collateral, like credit cards), Revolving (flexible credit, like credit cards), and Installment (fixed payments over time, like mortgages/auto loans). Understanding these categories helps manage financial decisions, as they differ in risk, interest rates, and repayment structures.
For most debts, California's statute of limitations is four years from the date of the debtor's last payment, as outlined in California Code of Civil Procedure § 337.
For debts arising from written contracts, such as loan agreements or other formal agreements, the statute of limitations is four years. This period starts from the date the contract was breached, typically when a payment is missed.
For most debts, the time limit is 6 years since you last wrote to them or made a payment.
The "777 rule" in debt collection, also known as the 7-in-7 rule, is a CFPB regulation (Regulation F) limiting calls: collectors can't call more than 7 times in 7 days for a specific debt, nor call within 7 days of a conversation about that debt. It aims to prevent harassment, applying to calls, texts, and emails, though exceptions exist, and the presumption of compliance can be rebutted by aggressive call patterns like rapid succession or highly concentrated calls.
Bankruptcy generally does not cover debts like child support, alimony, most taxes (especially recent ones), student loans (unless undue hardship proven), court fines, restitution, and debts from fraud or drunk driving, plus debts not listed on the petition or incurred for luxury goods shortly before filing. These non-dischargeable debts remain even after bankruptcy, meaning you're still responsible for paying them, notes.
People who file for personal bankruptcy get a discharge — a court order that says they don't have to repay certain debts. Bankruptcy is generally considered a last option because of its long-term negative impact on your credit. Bankruptcy information stays on your credit report for 10 years.
Most consumer debt is dischargeable in bankruptcy. Chapter 7 bankruptcy wipes out medical bills, personal loans, credit card debt, and most other unsecured debt. Debt that is related to some kind of “bad act,” like causing someone injury or lying on a credit application, can't be wiped out.
The Bottom Line
The main types of debt include secured and unsecured, revolving and installment. Debt categories can also be identified by name, such as mortgages, credit card lines of credit, student loans, auto loans, and personal loans.
The 5 Cs of Debt (or Credit) are Character, Capacity, Capital, Collateral, and Conditions, a framework lenders use to assess a borrower's creditworthiness for loans, evaluating their history, ability to repay (cash flow/DTI), financial stake, assets, and economic environment to manage risk and set terms. Understanding these helps borrowers strengthen applications for better rates and approvals, covering aspects from credit scores to market trends.
If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.
In a Nutshell
If you don't pay a debt, it can be sent to collections. If you continue not to pay, you'll hurt your credit score and you risk losing your property or having your wages or bank account garnished.
List your debts from highest interest rate to lowest interest rate. Make minimum payments on each debt, except the one with the highest interest rate. Use all extra money to pay off the debt with the highest interest rate.
To deal with debt collectors, know your rights under the Fair Debt Collection Practices Act (FDCPA), which lets you stop calls with a written "cease and desist" letter, but the debt remains; you can also validate the debt or negotiate, often starting with a written request to stop calls, but be aware they may then proceed with legal action. Key strategies involve validating the debt (asking for proof), negotiating a settlement (offering less than owed), or blocking contact by sending a formal letter via certified mail.
Debt forgiveness is when a lender or creditor agrees to wipe out all or part of a debt. You may be able to apply if you have unsecured debts, like credit cards, student loans or tax debt. Medical debts and mortgages may also qualify for some types of relief.