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

  • review rating 5  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
  • review rating 5  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
  • review rating 5  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
  • review rating 5  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
  • review rating 5  Debt Advisors Law Offices rock! I went into bankruptcy not knowing what to expect but Mr. Pietrek who represented me put my mind at ease. Mr. Pietrek answered all of my question in-person and on the phone. I never felt uncomfortable or embarrassed. The amount of money I had to pay was like half the amount I would have had to pay going through ay other firm. If for some reason I had to go through bankruptcy again there would be no one else I would use. Good people good prices great services.

    thumb CJ M
  • review rating 5  I am so grateful for the Debit Advisors in assisting me to get my life back on track. I have great respect for them. Debit Advisors has integrity! I was in a very difficult situation and they guided me through. They were honest with me about what I could and could not do, what is allowable and not allowable, they got bill collectors off my back and they replied back to me in a timely manner when I had questions. As long as I did my part in the process, they more than did their part.

    thumb Kathy Carter
  • review rating 5  Awesome experience! Helpful all the way through the process. Saved our lives.! Chad was great and everyone was so helpful.

    thumb michael sabel
  • review rating 5  Chad makes bankruptcy look and feel easy. He was very transparent, to the point, and comforting throughout the process. Any questions via email or call, were responded to in a beyond timely fashion. I would highly recommend working with Debt Advisors to get your fresh start.

    thumb Alexandria Jackson
  • review rating 5  The team at debt advisors are best. They help me with all my financial issues. Everything it took for me to get through my situation they were there from beginning to the end. I would recommend them to anyone that's in a financial situation. Give them a call

    thumb Demetrick Fleming
  • review rating 5  The team at debt advisors are best. They help me with all my financial issues. Everything it took for me to get through my situation they were there from beginning to the end. I would recommend them to anyone that's in a financial situation. Give them a call

    thumb Demetrick Fleming

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