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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  As a customer I was very glad with the level of service I received. I was both nervous and ashamed that I was going through the process of filing. My attorney was nonjudgmental, professional, and very knowledgeable. I had lots of questions and he patiently answered each of them helping me feel more confident in my decision making. I was unable to pay all fees up front and was happy to learn that there was a payment option where payments were deducted from my account until paid in full. Upon my final payment the process ran quickly and smoothly. I always felt like my best interest was at the forefront front the filing process, followup phone calls, reminder phones calls, the court date and discharge. I called the offices 3 years after filing and still, they were welcoming, supportive and informative even though I am not a current customer. This was the first step to me reestablishing myself as a conscious borrower and consumer.

    thumb Ashley Vtine
  • review rating 5  Both Cad and Michael were fantastic!!! They were dedicated and very helpful during my entire bankruptcy. Every step was explained as well as any question that I had (even if I asked three or four times) got answered. I would recommend this team to anyone that needs to swallow their pride and file bankruptcy.

    thumb Andrew Ossowski
  • review rating 5  My husband and I hired Debt Advisors to help with our bankruptcy back in 2010. They made it simple and easy then. Now 10 years later we needed information regarding our bankruptcy and they still make things simple and easy. I have and will recommend Debt Advisors to anyone that needs help. Thank you to Debt Advisors for helping my family plan for the future.

    thumb Carrie Kilbey
  • review rating 5  Even one year later Debt Advisors continue to help by making it easy to access archived information. This experience with this service and it's staff has been stress free from day one. I recommend this team if you want thorough and excellent service like old times.

    thumb Reynell Jones
  • review rating 5  My experience with debt advisors law office was an excellent experience. Chad and his partner we're very knowledgeable and their staff was very helpful through my whole process. As We Know this type of experience bankruptcy can be very trying and stressful however Chad and his staff made it a lot easier on me and I felt they did a wonderful job. I would recommend to anyone.

    thumb Sandy Herfel
  • 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

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