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What Bankruptcy Will Not Do

Bankruptcy is a great protection for consumers who struggle with debt yet there are some things bankruptcy will not do. Most, but not all debts can be eliminated through bankruptcy. These types of debts that cannot be wiped out by bankruptcy are called “non-dischargeable debts.” For example, if you file a Chapter 7, you will still be responsible for a  few types of debts, such as student loans. (Often times, these other types of debts can be taken care of with the funds that become available after filing bankruptcy.) If you file a Chapter 13, this type of bankruptcy will not eliminate debt. Instead, you repay nondischargeable debts through the debt consolidation.  Speak to a lawyer at Debt Advisors Law Offices in Wisconsin to learn the pros and cons about bankruptcy including what types of debts cannot be eliminated through bankruptcy.

Nondischargeable Debts

There are many types of nondischargeable 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. A Debt Advisors attorney 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. However, we are sometimes able to clear up student loans with funds freed up from Chapter 7 bankruptcy.

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.

Speak with a Debt Advisors attorney so they can explain 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 nondischargeable.

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.


Reviews by Google Users

  • 5 star review  They helped me during my bankruptcy case. They were great and very professional. I recommend them to anybody going through this process.

    thumb Maria Hernandez
  • 5 star review  They helped me during my bankruptcy and to feel comfortable throughout. And have been amazing in follow up even years later.

    thumb Ud Ho
  • 5 star review  My experience with Debt Advisors was truly a blessing in disguise. My wife and I were truly elated to be a part of a first time home buyer program with a well known state agency. This however turned out to be a nightmare We were one of the many who, during the Bush years ended up getting locked into a merciless ,ever increasing mortgage that was supposed to have a fixed rate. After countless attempts to try for modification or refinancing we soon found out the state agency didn't allow for such recourse. We felt the weight of the world was on our shoulders. That was when we decided to try Debt Advisors. Their attorneys were very knowledgeable and assuring. They were a great help in lifting what was a grievous burden. I would recommend their services to anyone.

    thumb anthony mosley
  • 5 star review  I filed a chapter 7 bankruptcy at Debt Advisors with Attorney Janice Nabke and the entire experience was nowhere near as stressful as I was worried about thanks to Janice who was very caring and dedicated to doing everything she could to make the whole process as simple as possible. Janice is very experienced with Bankruptcy cases and knew every correct step to take and was very detailed in explaining everything that I needed to prepare for and what to expect from beginning to end but what really stood out to me was how nice she was with a great personality so I would like to thank her for all of the hard work she put fourth and would highly recommend her to anybody seeking bankruptcy assistance. I would like to make special mention to Holly Mclure Larson who helped me out more than I could possibly imagine and went far above and beyond my highest hopes and expectations after I was still facing harassment and threats from a VERY aggressive Collection Agency trying to collect on the discharged debt and due to the very gracious help from Holly who is FANTASTIC I feel so much better and cannot thank her and the entire team at Debt Advisors enough.

    thumb alex avila
  • 5 star review  Debt Advisors is a wonderful company and I highly recommend them. Attorney Mike Georg has been so easy to work with and extremely helpful and kind throughout the process. Other amazingly helpful and caring staff I worked with were Holly, Julie and Jess. Thank you all!

    thumb Mary Jean
  • 5 star review  Awesome services, I went there feeling impending doom, and left with certainty that someone cares. Michael Georg was friendly and helpful informing me on what is best for my family.

    thumb Charles Sutton
  • 5 star review  My experience with Debt Advisors was wonderful, Michael Georg and his staff are very respectful, helpful and knowledgeable about the steps that need to be taken in your case. My case was simple but challenging for me but they made sure that I didn’t panic and they were able to resolve my case in a very quick and timely manner. I appreciate the time and consideration that they took with my case. Would highly recommend

    thumb Bradley Harrison
  • 5 star review  Debt Advisors is a Top notch law firm!! I was an emotional mess. Lawyer Michael Georg was so compassionate & understanding. He reassured me everything was going to be okay. He explained everything step by step. The cost was very reasonable & he works with you! He's the Best!! The ladies in the office were very sweet, also! I couldn't have found a better place to take care of me. Totally put my mind at ease. HIGHLY RECOMMENDED!!!!! You won't be disappointed!

    thumb Lauri Z
  • 5 star review  Excellent customer service and staff. Got back to me in a timely manner regarding any questions I had. Made filing bankruptcy easy and pain free.

    thumb Amanda Marie Holterman
  • 5 star review  I had an awesome experience with the entire team at Debt Advisors(D.A.). They made a very stressful and complicated situation very easy. When going into this I thought this process was going to be very long and stressful as I did not know what to fully expect. From my very first meeting to my last I had nothing but an easy and pleasant process. Every one was so knowledgeable and helpful! I could not have asked for a better team to assist me in my time of need. Sending a very big Thank you to all the staff at D.A. you guys are amazing.

    thumb Cecilia Brito

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