Debts That Survive Bankruptcy

Bankruptcy wipes most unsecured debts on discharge — but not all.

Debts that survive bankruptcy

• Court fines and penalties (criminal).
• Student loans (Plan 1, Plan 2, Plan 4, Plan 5 and postgraduate loans).
• Child Maintenance Service arrears (CMS).
• Debts incurred by fraud — these are not wiped, even though your bankruptcy is.
• Personal injury compensation orders.
• Some tax / National Insurance debts for self-employed people, depending on timing.

Surviving debts must continue to be paid. The OR does not enforce them — your responsibility continues.

Practical steps before you file

• List your surviving debts alongside your bankruptcy debts so you know what's what.
• Keep paying CMS, court fines and student loans through the bankruptcy period.
• Avoid repaying a surviving debt early — it can be classed as a preferential payment.

If you are unsure which of your debts survive bankruptcy, ask a money adviser before filing. Drawing the line properly can save you nasty surprises 12 months on.