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Questions Answered by J. David Krekeler
2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Nearing the end of my Ch13 plan and want to avoid overpaying. May I request to end wage garnishment one month early?
J. David Krekeler
J. David Krekeler answered on Sep 25, 2020

Yes, but the trustees here in Wisconsin likely will not want to stop the wage assignment. They prefer to refund any excess amount paid.

This makes good sense from an administrative perspective. If they stop the wage assignment and you in fact still have a small balance, the trustee has to...
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3 Answers | Asked in Bankruptcy for Wisconsin on
Q: How should my vehicle ownership be listed on Schedule A/B and as an exemption on Schedule C in Chapter 7 bankruptcy?

I'm filing for Chapter 7 bankruptcy pro se because I cannot afford a lawyer. I am working with a non-profit organization called Upsolve to complete my paperwork, but their help in regards to my vehicle is confusing me.

On Schedule A/B under Part 2 (Describe your vehicles) my... Read more »

J. David Krekeler
J. David Krekeler answered on May 21, 2020

The value of the vehicle should be it’s true current value. Kelly Blue Book may or may not reflect that. Ask yourself “what would this vehicle bring if I sold it?”

The “current value of the portion you own?” will be the whole value. Sometimes people own vehicles jointly with...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: People from foreign countries come to visit US and I need to take care of the tour.

Hi,I live in Madison ,WI....a group of my friends in foreign countries are planning to come visit me in the future and I need to take care for their tour...just wondering what I should do to avoid any risks that are caused by accident ? Should I register a company to protect my personal property... Read more »

J. David Krekeler
J. David Krekeler answered on Mar 10, 2020

Accidents happen, and there are always risks of liability. If someone staying in your home or traveling in your car is injured, there is always a risk that you will be sued.

You mentioned registering a company to protect your assets. Limited liability companies and corporations offer...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Do bankruptcy lawyers represent incarcerated individuals?
J. David Krekeler
J. David Krekeler answered on Feb 19, 2020

Yes. I have represented a number of clients who were incarcerated at the time.

There are a few issues to consider. There may even be advantages to the client by filing while incarcerated.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: If money is owed to a parent, how is it discharged in ch.7 bankruptcy & can they harass you for payment after discharge?

No contract has been signed (verbal only).

J. David Krekeler
J. David Krekeler answered on Feb 1, 2020

A debt to a parent is no different than a debt to a stranger. it is discharged unless it falls within one of the several exceptions to discharge.

Harassment or other collection efforts after discharge would be grounds for a contempt motion.

Because of the family relaitonship, I...
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2 Answers | Asked in Bankruptcy and Tax Law for Wisconsin on
Q: Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

A collection company has filed 1099 C or cancellation of debt forms with the IRS on past due debts they claim are mine. They have never taken legal action against me, I talked with them once after statute of limitations expired, I have never acknowledged owing debt, I have never offered any... Read more »

J. David Krekeler
J. David Krekeler answered on Jan 29, 2020

Yes. Court action is not a prerequisite for issuing a 1099C. Nor is acknowledgment of the debt, nor even having had any prior negotiations. The expiration of the statute of limitations does not prevent the issuance of the 1099C. In fact, it may even have been the reason for issuing the 1099C.... Read more »

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