Non-Dischargeable Debts

Condo Fees

Prepetition fees may be discharged in bankruptcy.  Specifically ask you lawyer about condominium association dues and homeowner’s association dues.  HOA fees and homeowner’s association dues which accrue after your bankruptcy has been filed must be paid by the homeowner.  Ultimate answer to Condo fees and the HOA fees depends on whether you are giving up or keeping it.  Again, discuss these issues with your attorney.  Pre-bankruptcy planning is key.  Tell your attorney about all HOA and Condo fees.

Court Fines and Criminal Restitution.

Certain court fines and criminal restitution are not discharged in bankruptcy.  Be certain to tell your bankruptcy attorney about all your debts including court fines and criminal restitution.  Even if you have these types of debts, it is possible to get rid of your credit card debt while re-paying non-dischargeable debts.


Not all debts related to divorce are the same.  Child support may not be discharged. However, certain marital awards may be discharged. Again, discuss these issues with your attorney before you file for bankruptcy relief.

HOA Fees

These types of fees may be discharged in bankruptcy. However, any of these fees which accrue after the bankruptcy filing date must be paid by you. Moreover, you can only file for Chapter 7 bankruptcy relief once every eight years. Disclose all HOA and Condo fees to your attorney.

Student Loans

Most student loan debt is non-dischargeable.  However, you be may able to get rid of your credit card debt while paying back your student loan debt.  Ask your bankruptcy lawyer about your specific loans and be certain to include any co-signers.  Non-dischargeable student loan debt must be repaid.  In addition, you can be garnished for nonpayment of student loan debt.  Again, provide you bankruptcy lawyer with all relevant details regarding your student loan debt.  Currently, the student loan debt can be discharged in bankruptcy if you have no ability to repay the student loan debt for the rest of your life (or the foreseeable future).


Some tax debt may be discharged. This is not a topic which lends itself to casual reading. Please call an experienced bankruptcy attorney to discuss your specific situation.

Unemployment Benefits

Overpayment of unemployment benefits may be discharged in bankruptcy. However, the overpayment may be a nondischargeable debt if the issuing agency claims that the benefits were fraudulently obtained.