The following debts are not erased in both Chapter 7 and Chapter 13. If you file for Chapter 7, these will remain when your case is over. If you file for Chapter 13, these debts will have to be paid in full during your plan. If they are not, the balance will remain at the end of your case:

          Debts you forget to list in your chapter 7 bankruptcy papers, unless the creditor learns of your bankruptcy case; Child support and alimony;

1. Debts for personal injury or death caused by your criminal or negligent act;
2. Any obligation which arises out of injury to person, or property while drinking and driving;
3. Taxes
4. Criminal Fines and penalties, and
5. Student loans;
   and these may not be dischargable if a creditor challanges their dischargability.
6. Debts you incurred on the basis of fraud, such as lying on a credit application;
7. Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing;
8. Loans or cash advances of $1,150 or more taken within 60 days of filing;
9. Debts from willful injury to another person or another person's property;
10. Debts from theft, such as embezzlement, larceny or breach of trust, and
11. Debts you owe under a divorce decree or settlement unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse. If this is discharged your ex-spouse would have to assume the loss.
12. Recent income tax debts and all other tax debts. Tax debts for federal income taxes can be discharged only if all of the following conditions are met:

                  

The IRS has not recorded a tax lien against your property.                   

You didn't file a fraudulent return or try to evade paying taxes                     

The liability is for a tax return (not a Substitute or Return) actually filed at least two years before you file for bankruptcy                   

The tax return for which the tax was due was due at least three years ago.                   

The taxes were assessed at least 240 days before you file for bankruptcy. (11 U.S.C. §§ 523(a)(1) and (7).)

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