Debts That Cannot Be Discharged in Tennessee Bankruptcy
Not every debt is wiped out in bankruptcy. Under 11 U.S.C. § 523, certain debts survive a Chapter 7 or Chapter 13 discharge: domestic support obligations, most student loans, recent income taxes, debts incurred by fraud, and debts for DUI injuries, among others.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Disclaimer: This page is general legal information, not legal advice. Bankruptcy law is complex and fact-specific. Consult a licensed Tennessee bankruptcy attorney before making any decisions about filing.
The Discharge Is Powerful — But Not Unlimited
A bankruptcy discharge is a permanent court order that eliminates your personal liability for listed debts. It is one of the most significant legal protections available to individuals in financial distress. But Congress has carved out specific categories of debt that survive the discharge, codified in 11 U.S.C. § 523. These debts follow you out of bankruptcy.
Understanding which of your debts fall into these categories is essential before you decide whether and how to file.
Domestic Support Obligations
Child support and alimony — collectively called domestic support obligations — are never discharged in bankruptcy under 11 U.S.C. § 523(a)(5). This applies to both current support and arrears. Filing bankruptcy does not stop a support enforcement agency from collecting, and the automatic stay does not apply to domestic support proceedings. If you owe back child support, bankruptcy will not eliminate it.
Student Loans
Most student loans survive bankruptcy under 11 U.S.C. § 523(a)(8). To discharge a student loan, you must bring a separate adversary proceeding and prove that repaying the loan would impose an “undue hardship” — a standard that historically required showing a near-total inability to maintain a minimal standard of living. The U.S. Department of Justice updated its guidance to create a more structured analysis, but the undue hardship standard remains difficult to meet. Federal student loans, private student loans, and even some bar exam loans are covered.
Recent Income Taxes
Income taxes are dischargeable in bankruptcy only if they meet a strict set of requirements: the tax return must have been due more than 3 years before filing, actually filed more than 2 years before filing, assessed more than 240 days before filing, and the return must not have been fraudulent. Taxes that do not meet all of these conditions survive the discharge as non-dischargeable priority debts under 11 U.S.C. § 523(a)(1). Payroll taxes, trust fund taxes, and sales taxes are generally never dischargeable.
Debts Incurred by Fraud
Debts arising from fraudulent conduct — obtaining credit through false representations, materially false financial statements, or intentional misrepresentation — are non-dischargeable under 11 U.S.C. § 523(a)(2). A creditor must file an adversary proceeding within the bankruptcy case to invoke this exception; if no action is filed, the debt may be discharged by default even if fraud occurred.
Willful and Malicious Injury
Debts for injuries caused intentionally — not just negligently — are non-dischargeable under 11 U.S.C. § 523(a)(6). Civil judgments for assault, battery, vandalism, or other intentional torts fall into this category.
DUI Injuries
Debts for death or personal injury caused while driving under the influence of alcohol or drugs are non-dischargeable under 11 U.S.C. § 523(a)(9). This includes both civil judgments and restitution orders.
Divorce Property Settlements
Debts arising from a property settlement agreement in a divorce or separation proceeding are non-dischargeable in Chapter 7 under 11 U.S.C. § 523(a)(15), unless the debtor can demonstrate that discharging the debt would result in a benefit to the debtor that outweighs the detrimental consequences to the former spouse. This exception is interpreted narrowly by most courts.
Chapter 13 and the Broader Discharge
Chapter 13 provides a meaningfully broader discharge than Chapter 7 for some of the categories above. A successfully completed Chapter 13 plan can discharge debts for fraud under § 523(a)(2) and willful injury under § 523(a)(6) — debts that survive Chapter 7 — provided the affected creditors received notice of the case and had a fair opportunity to object. However, domestic support obligations, student loans, and DUI-related debts remain non-dischargeable even in Chapter 13.
This broader discharge is one of the most important strategic reasons a filer might choose Chapter 13 over Chapter 7, even when they would otherwise qualify for the faster liquidation chapter.
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Start your free intakeFrequently asked questions
- Do student loans go away in Tennessee bankruptcy?
- Generally no. Student loans are non-dischargeable under 11 U.S.C. § 523(a)(8) unless the debtor proves repayment would impose an 'undue hardship.' This is a high standard, though the U.S. Trustee has updated guidance that makes it somewhat more accessible.
- Is child support dischargeable in bankruptcy?
- No. Domestic support obligations — including child support and alimony — are among the most protected debts in bankruptcy and are never discharged in either Chapter 7 or Chapter 13 (11 U.S.C. § 523(a)(5)).
- Can Chapter 13 discharge debts that Chapter 7 cannot?
- Yes. A completed Chapter 13 plan can discharge certain debts that survive Chapter 7 — including debts obtained through fraud (§ 523(a)(2)) or willful injury (§ 523(a)(6)) — if creditors had notice and opportunity to object. Domestic support obligations, student loans, and DUI debts remain non-dischargeable.
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Related guides
- Chapter 13 Bankruptcy in Tennessee Chapter 13 bankruptcy lets Tennessee debtors keep all their assets by committing to a court-approved repayment plan lasting 3 years (below-median income) or 5 years (above-median income). It is the main tool for stopping a foreclosure and catching up on mortgage arrears.
- Chapter 7 Bankruptcy in Tennessee Chapter 7 bankruptcy eliminates most unsecured debts through a court-supervised liquidation process. Tennessee filers must pass a means test, use Tennessee's state exemptions to protect property, and typically receive a discharge within 4–6 months of filing.
- How Bankruptcy Works in Tennessee Bankruptcy in Tennessee is a federal court process governed by Title 11 of the U.S. Code, but the exemptions that protect your property come from Tennessee state law. Most individuals file Chapter 7 (4–6 months) or Chapter 13 (3–5 year repayment plan).
- Tennessee Bankruptcy Exemptions Tennessee opted out of the federal bankruptcy exemption scheme, so debtors use Tennessee's own exemptions (T.C.A. Title 26, Chapter 2). Key protections: homestead up to $35,000 ($52,500 jointly), a $10,000 wildcard for any personal property, and essentially unlimited retirement account protection.
- The Automatic Stay in Tennessee Bankruptcy Filing a bankruptcy petition in any Tennessee federal district court immediately triggers the automatic stay under 11 U.S.C. § 362. The stay is a federal injunction that stops virtually all collection activity — phone calls, lawsuits, garnishments, foreclosures — for the duration of the case.