Does Bankruptcy Eliminate All Debts? What Florida Filers Need to Know
Will Bankruptcy Wipe Out All My Debts—or Just Some?
Bankruptcy is designed to provide individuals with a fresh financial start, but it’s not a one-size-fits-all solution. One of the most important questions to ask before filing is: Will bankruptcy eliminate all of my debt?
The answer depends on several factors, including the type of bankruptcy you file and the types of debt you have. In this article, we’ll explain which debts can be discharged under Chapter 7 and Chapter 13, and which ones typically cannot.
If you’re considering bankruptcy in Florida, it’s critical to speak with a qualified debt attorney who understands both federal law and Florida-specific exemptions.
What Does It Mean to “Discharge” a Debt?
When a debt is “discharged” in bankruptcy, it means you are no longer legally required to pay it, and creditors cannot take any collection action—no calls, no lawsuits, no wage garnishment.
The discharge is permanent and enforceable by law, but not all debts are eligible for discharge.
Debts That Can Be Discharged in Bankruptcy
The following types of debt are generally dischargeable in both Chapter 7 and Chapter 13:
- Credit card debt (including late fees and over-limit charges)
- Medical bills
- Personal loans and payday loans
- Utility bills
- Most judgments from lawsuits
- Past-due rent or lease obligations
- Deficiency balances on repossessed vehicles or foreclosed homes
Dischargeability may vary if the debt was incurred through fraud, misrepresentation, or recent luxury spending—so it’s essential to disclose your financial history to your attorney fully.
Debts That Are Not Dischargeable in Most Cases
Certain debts are automatically non-dischargeable under bankruptcy law, regardless of which chapter you file.
These include:
- Most student loans (unless you can prove “undue hardship,” which is difficult to meet)
- Recent income taxes (generally less than 3 years old)
- Child support and alimony
- Fines or penalties owed to the government
- Debts from personal injury lawsuits involving DUI
- Court-ordered restitution in criminal cases
In limited cases, some of these may be partially addressed in a Chapter 13 repayment plan, but they cannot be completely wiped out.
How Chapter 7 vs. Chapter 13 Affects Debt Discharge
| Type of Debt | Chapter 7 (Liquidation) | Chapter 13 (Reorganization) |
| Credit cards, medical bills | Fully dischargeable | Fully dischargeable |
| Car loans (secured) | May be surrendered or reaffirmed | Paid through plan or modified |
| Mortgage arrears | Not dischargeable | Can be repaid over time |
| Student loans | Rarely dischargeable | Rarely dischargeable |
| Taxes (older than 3 years) | May be dischargeable | May be dischargeable |
| Support obligations | Not dischargeable | Not dischargeable |
What If a Creditor Says the Debt Can’t Be Discharged?
In some situations, a creditor may challenge your attempt to discharge a debt—especially if there are allegations of fraud, false statements on loan applications, or misuse of credit shortly before filing.
If that happens, your bankruptcy attorney will review the facts and represent you in what’s known as an adversary proceeding, a type of lawsuit within your bankruptcy case.
Can Bankruptcy Get Rid of All Debt in Florida?
In many Florida cases, bankruptcy discharges most or all unsecured debt, especially in Chapter 7. However, if your debt includes recent taxes, court fines, or domestic support obligations, you may need a strategy that incorporates:
- Partial repayment through Chapter 13
- Negotiating with certain creditors outside bankruptcy
- Timing your filing to maximize discharge eligibility
Each case is different. That’s why working with an experienced bankruptcy attorney in Tampa is crucial for protecting your rights and achieving the best outcome.
Talk to a Lawyer for Bankruptcies in Tampa Bay
At the Debt Relief Law Offices of Tampa Bay, we help individuals and families understand which debts can be discharged—and how to legally and ethically resolve the ones that can’t.
With over 35 years of experience and a deep understanding of Florida’s bankruptcy laws, we offer compassionate guidance and clear answers. Contact us today to find out if bankruptcy can eliminate your debt and give you a true financial reset.
Ziona Kopelovich, Esq. is a Board-Certified Consumer Bankruptcy Attorney and founder of Debt Relief Law Offices of Tampa Bay. Since 1996, she has helped Floridians navigate Chapter 7 and Chapter 13 filings, lien stripping, foreclosure defense, and post-discharge credit rebuilding. Passionate about second chances, Ziona blends deep legal expertise with genuine compassion to guide clients toward brighter, debt-free futures.
