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What Bankruptcy Will Not Do

Wisconsin Asset Protection Attorney

Milwaukee ● Madison ● Oshkosh ● Green Bay ● Sheboygan ● Racine & Kenosha

Certain debt cannot be eliminated through bankruptcy. These types of debts are called “non-dischargeable debts.”

If you file a Chapter 7, you will still be responsible for certain types of debts after the bankruptcy. If you file a Chapter 13, you can repay non-dischargable debts through the debt consolidation.  Contact an asset protection lawyer at Debt Advisors Law Offices in Wisconsin to learn everything you are wondering about what types of debts cannot be eliminated through bankruptcy.

There are many types of non-dischargable debts:

Taxes: Income tax debt will not be eliminated unless the:

  • tax is more than three years old;
  • tax return was filed on time;
  • tax return was correct.

If you filed the tax return late, but filed more than two years before you filed bankruptcy, you may be able to eliminate the debt. Attorneys Chad Schomburg and Mike Georg can advise you on whether your tax debts can be resolved with a bankruptcy.

Student Loans: Money borrowed for your education cannot be eliminated through bankruptcy. The 2005 bankruptcy code amendments strengthened this exception to discharge.

Marital Debts: You cannot eliminate debts that you are directed to repay by a divorce or separation agreement in a Chapter 7 bankruptcy. However, Chapter 13 consolidation can help you with this type of debt. Mike and Chad can explain how a Chapter 13 can help you resolve this sort of debt.

Child support and Alimony: Child support and alimony cannot be eliminated by filing a bankruptcy. If you fall behind on these types of obligations, you can consolidate and repay delinquent child support through a Chapter 13 for the amount you fell behind.

Recent Credit Card Purchases and Cash Advances: Consumer debts owed to a single creditor are unlikely to be eliminated if the debt:

  • totals more than $500.00; and
  • was incurred within 70 days of filing the bankruptcy.

Mike and Chad can explain to you how you can avoid this issue.

Fraud: Debts incurred by a fraudulent act or by making false representations cannot be eliminated through bankruptcy. The creditor must file a request with the court to have the debt declared non-dischargeable. The bankruptcy judge will then rule on the creditor’s request. If you are not sure if you incurred debt by way of fraud, you ought to speak with Chad and Mike before you decide how to proceed.

Fines and Citations: Fines for breaking the law cannot be eliminated through a bankruptcy. For example, traffic tickets, criminal restitution, and parking tickets will survive a bankruptcy filing.

Intentional Torts: Debts caused by a willful or malicious injury to another person may not be eliminated through bankruptcy. The creditor must file a request with the court to have the debt declared non-dischargable.

Operating Vehicle while Intoxicated: Debts for injury or death caused by driving under the influence of alcohol are not eliminated in bankruptcy.

If you have questions about asset protection and the bankruptcy process, complete our secure online evaluation form or call today to schedule a free consultation with Mike or Chad. We have offices throughout Wisconsin, including Milwaukee, Madison, and Oshkosh. You can hire our office for $100.00 to start. We will set up a reasonable plan to enable you to pay the balance of the fees while we work on your case.

We are a Debt Relief Agency. We help people who are in need of asset protection file for relief under the Bankruptcy Code.

Reviews by Google Users

  • review rating 5  A few years ago I found myself drowning in debt, after doing some research I decided I would get some help in dealing with that debt, so I reached out to Debt Advisors Law Offices. I was scared, nervous, and embarrassed that I had gotten to this point but after my first meeting with Debt Advisors I knew I was making the right decision. They made me feel comfortable and confident in my decision to move forward. The best part was it was all on my time, I felt no pressure from them which was amazing. They were always available to answer my questions and help me through the process. A couple years after my case closed, I reached out to get some information and within that same day they responded to me and remembered me! Truly a wonderful firm to work with!

    thumb Weston Jones
  • review rating 5  Best place to relieve your debt. Debt Advisors offers a seamless process which is both worry and stress free. Flexible payment options and quick turn-around. The staff is very knowledgeable and goes above and beyond to deliver satisfaction!....Hands down Debt Advisors is the BEST!

    thumb Nina Ross
  • review rating 5  Greg and his staff are great! They made the whole process easy and made everything clear to understand. You don’t second guess nothing. They are with you every step of the way and if you have any questions they definitely have the answer for you.

    thumb Ethan Wemmer
  • review rating 5  Greg and Jeremy strategized the best timing for filing based on the variables changing throughout my divorce process. The team counciled me several times on the various benefits and potential risks while we navigated the best solution specific to my particular situation. I would fully recommend their expertise and their customized approach of how they manage their clients financial recovery.

    thumb Pringle Productions
  • review rating 5  These people are great! They have been so helpful and polite, even during my most stressful moments. I’m sure I got on their last nerve! But they remained courteous and helpful to the end!

    thumb Latasha Messer
  • review rating 5  Great firm to work with. Very helpful and considerate for the many questions I am sure they hear many times over.

    thumb Anonymous
  • review rating 5  Attorney Schomburg went above and beyond to help me through my bankruptcy. It is amazing to have worked with a man of such incredible integrity. Thank you!

    thumb Maggie Robertson
  • review rating 5  It was a positive and life changing experience working with Attorney Schomburg of Debt Advisors. He was professional, competent and non-judgmental.I commend Attorney Schomburg and Debt Advisors for providing Money Sharp's Credit Counseling Services.I walk away feeling confident, being educated and optimistic about my financial future.I

    thumb Donna King King
  • review rating 5  Attorney Georg has been a life saver for me. he has been the best lawyer, counselor, and friend he treats you like your apart of his family. I was going thru a divorce at the same time of the bankruptcy. He really cared about my mental health I really appreciate that. He was so loyal and committed to me and my case . I give him 100% he gave me 100%

    thumb Teresa Touchstone
  • review rating 5  I have worked with several people in the office and I have never felt looked down on or made to feel embarrassed about my situation. They really go above and beyond in truly caring about their clients. Not just as clients, but as people too. I've recommended several people here and will continue to do so. Professional, affordable and kind. What a great combination!

    thumb Catie Y

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