Non-dischargeable Debts in Texas Chapter 7 or Chapter 13 Bankruptcies - Barron & Barron Law Firm
Considering how to escape a financial dead-end? Choosing bankruptcy may be your obvious solution - Barron & Barron Law Firm

Non-dischargeable Debts in Texas
Chapter 7 or Chapter 13 Bankruptcies

Understanding Texas Bankruptcy Law

Non-dischargeable Debts
in Texas for Chapter 7
or Chapter 13 Bankruptcies

Understanding Texas Bankruptcy Law

In both Chapter 7 and Chapter 13 bankruptcies in Texas, there are certain debts that cannot be discharged. If you opt for Chapter 7 bankruptcy, these debts will remain your responsibility even after the discharge of other debts. In the case of Chapter 13 bankruptcy, these debts must be fully covered in your repayment plan. If they are not fully paid off, the remaining balance will persist after your case concludes. It’s important to note that if you wish to retain any secured property, such as a house or car, you must continue to make payments towards the associated secured debts. [see statute 11 523(a)]

In Texas, the following debts cannot be discharged in either Chapter 7 or Chapter 13 bankruptcies¹:

  • Back child support, alimony obligations and other debts dedicated to family support [1].
  • Debts for personal injury or death caused by driving while intoxicated [1].
  • Student loans, unless it would be an undue hardship for you to repay [1].

In the context of discharging student loans through bankruptcy in Texas, “undue hardship” is a specific legal term. To prove undue hardship and attempt federal student loan discharge, you must file an adversarial proceeding in bankruptcy court against the lender and prove the following:

  • You cannot maintain a basic living standard if forced to repay loans: This means that after paying your basic living expenses, you do not have enough income left to make your student loan payments [1].
  • Circumstances causing hardship will persist for the majority of the loan term: This could include situations such as a long-term illness, disability, or lack of job skills [1].
  • You made good-faith efforts to repay loans before bankruptcy: This means you have made a genuine effort to repay your loans, such as making payments when you could afford to, or attempting to negotiate a repayment plan or loan modification. This is known as the Brunner test [1].
  • It’s important to note that meeting these criteria can be difficult, and few borrowers are able to successfully prove undue hardship.
  • Fines and penalties for violating the law, including traffic tickets and criminal restitution.
  • Recent income tax debts (within 3 years) and all other tax debts.
  • Debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case [1].

The following debts may be declared non-dischargeable by a bankruptcy judge in Chapter 7 if the creditor challenges your request to discharge them:

  • Debts you incurred on the basis of fraud.
  • Credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing.
  • Loans or cash advances of $1,150 or more taken within 60 days of filing.
  • Debts from willful or malicious injury to another person or another person’s property.
  • Debts from embezzlement, larceny or breach of trust.
  • 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 (who would have to pay them if you discharge them in bankruptcy) [1].

You should consult with a legal professional, such as Barron & Barron Bankruptcy Attorneys, for advice tailored to your specific circumstances. This information is intended to be a general guide and may not cover every situation.

Get the Experienced Texas Bankruptcy Attorney You Deserve!

Are you tired of Debt? Are you behind on your house, vehicle, and other secured debts? Don’t let bankruptcy fears paralyze you and keep you from getting the legal relief you need. Federal law can allow you an opportunity to save your home and cure your mortgage arrears through a repayment plan. Federal law can allow you to restructure your vehicle notes. Federal law may allow you to eliminate your credit card debt by filing for bankruptcy!

Our Law Firm will analyze each financial situation and help determine which Chapter is best for you. We have helped thousands get rid of, reduce, and/or reorganize their debt the right way AND the best way for each individual situation.

Barron & Barron, LLP has filed more bankruptcy cases than any other attorney in the Eastern District of Texas in the last 24 years. We have over 60 combined years in the Bankruptcy field. One of our cases has even reached the United States Supreme Court. We have had numerous cases presented to the United States Fifth Circuit. We will fight to protect your rights to give you the best results.

Don’t Face Your Financial Troubles Alone

Call Barron and Barron Today!

  • (972) 422-9377

Stop Your . . .

  • Foreclosures
  • Car Repossessions
  • Creditor Calls & Harassment
  • Wage Garnishment
  • Lawsuits
  • Overdrafts

Lower Your Loans

  • Car Loans
  • Furniture Loans
  • Appliance Loans


  • Credit Card Debt
  • Medical Bills
  • Signature Loans
  • IRS Taxes
  • Judgments
  • Payday Loans

Keep Your Possessions

  • Your Home
  • Your Car
  • Your Wages & Retirements

TAKE CONTROL OF YOUR DEBT! Call or visit today.

Our attorneys have over 30 years of
Bankruptcy Law experience.

What makes Barron & Barron Law Firm the Right Choice? Barron & Barron Bankruptcy Attorneys in Plano Texas
Barron & Barron, LLP Plano Bankruptcy Attorney
Which Bankruptcy Is Right For You? - Barron & Barron, LLP Plano Bankruptcy Attorney
Do not ignore your financial problems - talk to Barron Bankruptcy Attorneys today!