Not all debts are discharged in bankruptcy. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Bankruptcy Code specifically excepts various categories of debts from the discharge granted to individual debtors.

Therefore, the debtor must still repay those debts after bankruptcy. Congress has determined that these types of debts are not dischargeable for public policy reasons (based either on the nature of the debt or the fact that the debts were incurred due to improper behavior of the debtor, such as the debtor's drunken driving).

There are 19 categories of debt excepted from discharge under chapters 7, 11, and 12. A more limited list of exceptions applies to cases under chapter 13.

Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523(a) applies. The most common types of nondischargeable debts are:

• certain types of tax claims

• debts not set forth by the debtor on the lists and schedules the debtor must file with the court

• debts for spousal or child support or alimony

• debts for willful and malicious injuries to person or property

• debts to governmental units for fines and penalties

• debts for most government funded or guaranteed educational loans or benefit overpayments

• debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated

• debts owed to certain tax-advantaged retirement plans

• debts for certain condominium or cooperative housing fees.

In Maine, as in all states, bankruptcy proceedings are governed by federal law, specifically the Bankruptcy Code. Under the Code, not all debts can be discharged through bankruptcy. The dischargeability of debts depends on the chapter of the Bankruptcy Code under which the bankruptcy is filed. Common types of debts that are not discharged include certain tax obligations, debts not listed by the debtor in bankruptcy documents, domestic support obligations such as alimony and child support, debts arising from willful and malicious injuries, fines and penalties owed to government entities, student loans in many cases, debts for personal injury caused by driving while intoxicated, and certain fees related to housing such as condominium fees. The specific provisions of Section 523(a) of the Bankruptcy Code outline 19 categories of debts that are not dischargeable under Chapters 7, 11, and 12, with a more limited list for Chapter 13 cases. These exceptions to discharge generally apply automatically without the need for creditors to take any additional action.