What debts are NOT eliminated in bankruptcy?

by DeLadurantey Law Office, LLC on February 5, 2014

What debts are NOT eliminated in bankruptcy?In a typical personal bankruptcy filing, the debtor receives a discharge order as soon as his/her case is successfully completed. The court clerk mails your discharge order to all of your creditors and any other interested parties. It is important to understand, however, that there are some debts that cannot be discharged.

In a Chapter 7 or Chapter 13 bankruptcy, the majority of consumer debts are eligible for discharge (cancellation of your liability to pay the debt). However, the law excludes certain specific debts from being discharged, including:

  • Child support and alimony
  • Certain taxes and tax liens
  • Student loans (unless undue hardship is proven)
  • Debts obtained through fraud or false representation
  • Debts you failed to timely schedule in your bankruptcy pleadings
  • Debts incurred by fraud, embezzlement or larceny
  • Debts for willful and malicious personal injury
  • Debts for fines or penalties to governmental units
  • Judgments in wrongful death or personal injury cases arising from your intoxication
  • Certain homeowner’s association fees, condominium, or cooperative fees or assessments

If you are interested in filing a personal bankruptcy, it is important to understand if some of your debts will not be eliminated in your discharge. At DeLadurantey Law Office, LLC, we walk you through each step of your bankruptcy filing and thoroughly explain what to expect, including informing you of any debts that may remain after you obtain your discharge order. Call us today for a free initial consultation!

The “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office. LLC handle Chapter 7 and Chapter 13 bankruptcies, as well as debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense and debtor’s rights matters.  We serve the areas of Milwaukee, South Milwaukee, West Milwaukee, Milwaukee County, and Waukesha County, including the municipalities of Big Bend Village, Brookfield City, Brookfield Town, Butler Village, Chenequa Village, Delafield City, Delafield Town, Dousman Village, Eagle Town, Eagle Village, Elm Grove Village, Genesee Town, Hartland Village, Lac La Belle Village, Lannon Village, Lisbon Town, Menomonee Falls Village, Merton, Town, Merton Village, Mukwonago Town, Mukwonago Village, Muskego City, Nashotah Village, New Berlin City, North Prairie Village, Oconomowoc City, Oconomowoc Lake Village, Oconomowoc Town, Ottawa Town, Pewaukee City, Pewaukee Village, Summit Town, Sussex Village, Vernon Town, Wales Village, Waukesha City, and Waukesha Town.  Call DeLadurantey Law Office by phone at (414) 377-0518.



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