I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More 
answered on Mar 3, 2024
Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.
And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged.... View More
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
answered on Feb 5, 2024
Answer: It is unlikely that your private student loans will be discharged based only on the facts provided.
Explanation: Generally, student loans, whether public or private, are not part of the discharge debtors receive in a bankruptcy. To discharge student loans in a bankruptcy, a debtor... View More
answered on Jun 3, 2023
A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.
But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more... View More
Was roped into a 55,000 contract for solar panels because they made me sign for the paper copy of the contract. Didn't know I was signing the actual contract. Now they came to install solar panels did half the job and left. Ive been calling for over a month and just found out the company went... View More
answered on Mar 20, 2023
Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for... View More
answered on Aug 18, 2022
Yes. Neither the bankruptcy code nor Wisconsin law prohibit you from using a finance plan like you describe.
In fact, depending upon the service you are using, this sort of purchase may help you to re-establish your credit score.
I disagree with attorney Winterstein. The... View More
I received a summons last month and I am in the process of filing for bankruptcy. Do I have to send an answer stating that I am filing for bankruptcy? Or do I not have to answer it?
answered on Aug 12, 2022
The answer to your question depends upon the facts. You generally would want to respond to the summons and complaint, as you do not want a judgment entered against you. While that judgment under Wisconsin law can be satisfied after you receive a bankruptcy discharge, I am not sure that you are... View More
I will be in Wisconsin the first week of August to have a meeting with available lawyer who is able to support us.
Alberto Cabello. CEO of ACV Group in MX.
www.grupoacv.com
answered on Jul 19, 2022
Alberto--
I am in Wisconsin and willing to help. Thank you.
answered on Apr 25, 2022
Maybe, but probably not. You are apparently in Wisconsin, and you refer to “a court order amount.”
If by this you mean a judgment, then the rate is set by Wisconsin statutes. The judgment interest rate applicable to civil actions is 1% plus the prime interest rate in effect on January... View More
No 14 day appeal period staying the order. Can I still appeal?
answered on Jul 31, 2021
Yes. The U.S. Supreme Court held in a 2019 case, Ritzen Group v. Jackson Masonry, that a bankruptcy court's unreserved decison on a motion for relief from stay is a final and immediatiely appealable order.
The appellate court will review the decision to lift an automatic stay for an... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
No contract has been signed (verbal only).
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... View More
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... View More
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.... View More
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