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Questions Answered by David S. Burleson
Q: Why won't a collection agency reissue satisfaction or payoff after bankruptcy?
I had a Chapter 7 bankruptcy discharged in September 2021, and I'm currently going through a mortgage application process. During the title search, a judgment that was included in the bankruptcy appeared. I contacted the Wisconsin collection agency that held the judgment, but they are... View More 
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David S. Burleson
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answered on Jun 26, 2025
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answered on Jun 26, 2025
If you received an Order of Discharge in your bankruptcy case, then you can apply to have the judgments satisfied using your bankruptcy paperwork. There are several documents to prepare and file with the county where the Judgment is located starting with an Application for Order of Satisfaction of... View More
Q: Will I lose my land or car in WI Chapter 7 bankruptcy filing?
I am $30,000 in unsecured debt with no medical insurance, and I'm considering filing for Chapter 7 bankruptcy. I own two acres of land valued at $10,000 (one acre in a floodplain and the other unbuildable) and a car worth $4,000, both owned outright. Additionally, I have $13,000 in student... View More
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David S. Burleson
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answered on Apr 25, 2025
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answered on Apr 25, 2025
Although a Chapter 7 is technically referred to as a liquidation bankruptcy, consultation with a seasoned bankruptcy attorney typically results in there being no liquidation at all. In Wisconsin we get to choose between using the State of Wisconsin or the Federal Bankruptcy Law exemptions to... View More
Q: chapter 7 bankruptcy a year ago and they haven’t retrieved the vehicle from the dealership. Is that abandonment of debt?
The car had damage where the engine had to be replaced and it’s at the dealership where it had the work done sitting in a back lot. I haven’t contacted the dealership or the lending agency in fear of this could somehow impact me..
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David S. Burleson
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answered on Jan 27, 2025
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answered on Jan 27, 2025
It sounds like you complied with your Statement of Intention by surrendering the vehicle back to the creditor. As long as you listed the location of the vehicle in your schedules then your Order of Discharge would have discharged your legal obligation on this debt. You should not have to worry... View More
Q: I received a $250 deposit from golf clubs on Facebook marketplace but the buyer backed out. Am I required to refund it?
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David S. Burleson
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answered on Jan 7, 2025
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answered on Jan 7, 2025
It is never a good idea to put a deposit down on something purchased through Facebook's Marketplace. That being said, if the item being sold is as described and the communications make it clear that the deposit is non-refundable then I'm guessing that Facebook, through its dispute... View More
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