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Wisconsin Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

T. Augustus Claus
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answered on Feb 2, 2024

Filing for bankruptcy may provide relief from overwhelming debt, including private school loans, but it's essential to understand that not all debts are dischargeable through bankruptcy. Private student loans are typically not dischargeable unless the debtor can demonstrate undue hardship,... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for Wisconsin on
Q: I ordered from a legitimate online business out of FL. I never got my product and they won't refund me or respond to me.

I ordered a product last year worth $2000 from Big Daddy Unlimited Outdoors, which they said was back ordered. Waited 4 months for it before cancelling and requesting a refund. After many calls and emails waiting for my refund they stopped all communication. I've filed many complaints and... View More

James L. Arrasmith
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answered on Nov 5, 2023

Showing up in person at a store with proof of the refund you’re owed may not guarantee that they will provide you with a refund, especially if the business is in bankruptcy proceedings. Retail staff may not have the authority or ability to process refunds for online orders, especially those... View More

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: So I am being sued for a debt the court ordered a itemization of the debt and they put the wrong date

They also have a discrepancy in what the original loan amount they said was with the court and what they reported to the credit beauru just wondering if I can file a motion to dismiss and if so what would the grounds be. I am not sure how to to continue to defend myself when they are not coming... View More

James L. Arrasmith
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answered on Nov 5, 2023

If the creditor provided incorrect information in their itemization of the debt, you may have grounds to challenge their claim. Filing a motion to dismiss could be appropriate if you can demonstrate that the discrepancies are material and not merely clerical errors.

In the motion, you...
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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: What if plaintiff repeatedly submits errenous paperwork to the court in civil debt case for student loan debt

They have submitted the first mistake in the summary judgement motion they filed leading the judge to order they prove the amount and now they submitted papers saying I took out the loan while I was in high school which clearly isn't true. How can the judge force the defendant to defend... View More

Timothy Denison
Timothy Denison
answered on Sep 24, 2023

Make a motion for the court to sanction them

And dismiss the case.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: can I file a case against a creditor in Bankruptcy court and Civil court?

I reopened my Bankruptcy case to file sanctions against a creditor for violating the discharge injunction. Can I also file a case against the same creditor for Fraud in Civil Court.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 19, 2023

In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
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...
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2 Answers | Asked in Bankruptcy and Contracts for Wisconsin on
Q: Should I get a lawyer involved?

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

J. David Krekeler
J. David Krekeler
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

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I am on Social Security Disability and I have no other income. I have been served some court summons the past few months

because of past due credit card bills. I have no money and no assets at all. My credit report says I have about $30,000 in credit card debt. Should I file Bankruptcy or Is there really no need since im on disability ? Will it all eventually fall off my credit report regardless ? Please help me.... View More

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

Based on the facts you set forth, you should file chapter 7 bankruptcy after consulting a practitioner. These debts will not just fall off in most cases.

2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 31, 2022

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... View More

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can you file for bankruptcy as a couple after have done filed bankruptcy as an individual?

I am just curious because I had filed for chapter 7 like 4 years ago, and we have ended up back where I was and was wondering if I could still file as a couple after I have done filed as an individual at some point in time.

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you use buy now pay later like afterpay during chapter 7
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 18, 2022

The Bankruptcy Code requires that you obtain authority from the Court to incur credit during a pending bankruptcy proceeding.

in addition, most potential creditors will not extend credit while your case is pending, and prior to entry of a Discharge (almost all will check your credit online,...
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2 Answers | Asked in Bankruptcy and Car Accidents for Wisconsin on
Q: If I am filing for bankruptcy for a lawsuit from a car accident that I was at fault, do I have to respond to the summon?

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?

J. David Krekeler
J. David Krekeler
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

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: We need a legal support, because of my company needs to start a lawsuit in court due to my client is in bankruptcy

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

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

What is your question?

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1 Answer | Asked in Business Law and Bankruptcy for Wisconsin on
Q: Privately held company filed for 128 Receivership (WI) last week. I own shares in the company. Can I sell my shares?
Timothy Denison
Timothy Denison
answered on Jun 29, 2022

I think you will need permission from the court in order to sell your shares post filing.

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Rights for Wisconsin on
Q: Can a collection firm charge a 6% interest on a court order amount
J. David Krekeler
J. David Krekeler
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...
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2 Answers | Asked in Bankruptcy and Social Security for Wisconsin on
Q: Can you file bankruptcy on a social security disability judgement for repayment?

Owing the Social Security Administration a certain amount money, can you file bankruptcy if you cannot afford to pay that amount back?

Timothy Denison
Timothy Denison
answered on Mar 29, 2022

You can file but it is in all probability, nondischargeable.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My wife and I are on SS and she has 2years left on her IRA. Will she lose her stocks with bankruptcy?
David Luther Woodward
David Luther Woodward
answered on Feb 18, 2022

You live in Wisconsin, and it is a community property state. As a result, you probably have a different set of exemptions.

Here in Florida that IRA might be exempt, but you need to talk to a lawyer local to you to figure out your situation.

Good get a good one!

d

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Employer not changing Ch.13 wage garnishment, states they have not received the court order after almost two months.

I had my wage garnishment lowered by the bankruptcy court and almost 2 months later, my employer still has not lowered the amount. After contacting my employer, they stated they did not receive a copy of the court order and they asked me to fax them a copy of the court order so that they could... View More

David Luther Woodward
David Luther Woodward
answered on Jan 19, 2022

It is obvious from the tenor of your question that you are doing a DIY bankruptcy. That's your first mistake. You are making assumptions that things happen automatically when for the most part they don't.

Go get a lawyer to help you sort this out.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is there a way to track the exact date an employer receives a copy of a court order lowering Ch. 13 payments?

I received a court ordered reduction in my Ch. 13 repayment plan almost two months ago and received my copy of the order a month ago yet my employer claims they have not received the order yet and thus have not lowered my payments. My employer is notorious for delaying changes to employees... View More

Timothy Denison
Timothy Denison
answered on Jan 14, 2022

You can establish the mailing date to the employer by checking PACER. That’s about as close as you can get.

1 Answer | Asked in Bankruptcy and Identity Theft for Wisconsin on
Q: I was served court paperwork today by a deputy. I looked at the paperwork and its about a loan.

I don't recognize the loan and i wanted to know what kind of attorney can help me fight this since I think i might be the victim of identity theft.

Timothy Denison
Timothy Denison
answered on Dec 29, 2021

You need a debtors rights attorney.

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