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Wisconsin Bankruptcy Questions & Answers
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... Read 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... Read 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.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Entered into a doomsday with mortgage company, they claim they didn't get payments. Judge granted relief from stay with

No 14 day appeal period staying the order. Can I still appeal?

Timothy Denison
Timothy Denison answered on Jul 31, 2021

Yes.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: In chapter 13 / 75k. Selling my home and do to soaring prices will net more than expected. Maybe 58k. Can I protect that
Timothy Denison
Timothy Denison answered on Apr 21, 2021

Possibly, depending on the exemptions you have left over and depending on whether you use federal or state.

2 Answers | Asked in Bankruptcy and Family Law for Wisconsin on
Q: Can someone just stop paying for 50% of their childs needs if they are filing bankruptcy, if its a court order?

My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this?... Read more »

Timothy Denison
Timothy Denison answered on Mar 30, 2021

No. The child’s braces and the like are not dischargeable in bankruptcy and he can be held in contempt for failing to pay as ordered.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Hello, My lawyer did not properly handle my case and now I am losing money because of that. What can I do?
Timothy Denison
Timothy Denison answered on Mar 3, 2021

Consult an attorney to see if you have have a malpractice claim against your firmer attorney.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: In chapter 7 can they force a sale of a home you are only part owner of?

5 of us inherited a $150k home from our father. 4 of us are living in it and one of us living there wants to file chapter 7 bankruptcy on $60k worth of debt. None of us are in a position to take on a loan payment to buy the one out. Will they make us sell the house to get their 1/5 share of it?

Timothy Denison
Timothy Denison answered on Feb 2, 2021

He can claim an exemption for his $30,000 share of the property. Depending on whether you use state or federal exemptions, he may be able to exempt most of his share and protect the property from sale.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My old company Brigg's & Stratton filed chapter 11 and do I need to file a claim for my 401K and pension money?

Briggs and Stratton filed chapter 11 and now I have received Form 410 (proof of claim). Do I need to fill this out to make sure I get my pension money at 65? Pension is run by Brigg's. What about my left over 401K money.

I have not work at Briggs since 2009 so 401K is a stand alone... Read more »

Timothy Denison
Timothy Denison answered on Sep 14, 2020

Yes. Fo@e a proof of claim.

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Wisconsin on
Q: Am I relieved from rent, considering that I haven't been living there since earlier this March due to covid-19?

Hi. So the apartment that I was living in filed for bankruptcy this past June. I have tried to pay rent but now I am wondering if I am relieved from that, considering that I haven't been living there since earlier this March due to the whole Covid-19 situation. If you could let me know I would... Read more »

Timothy Denison
Timothy Denison answered on Aug 5, 2020

Probably since they are in bankruptcy, no one will pursue it although the bankruptcy trustee could pursue it if he so chose.

1 Answer | Asked in Bankruptcy and Personal Injury for Wisconsin on
Q: Should I hire a lawyer?

My tenant is planning to sue me, he got hurt when cutting down a tree on our property that we paid him to cut I was not there when tree was getting cut

Timothy Denison
Timothy Denison answered on Jul 9, 2020

Your homeowners or renters insurance should defend you and provide a lawyer for you.

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 »

David Luther Woodward
David Luther Woodward answered on May 19, 2020

You really do need a lawyer. Your question reveals it, but here is how it goes

You determine your car's value using some like Blue Book, Black Book, or whatever, or Cars.com on line. Be honest about your car's condition. If it needs work the value should be lower than if it is...
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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 »

Timothy Denison
Timothy Denison answered on Mar 9, 2020

Many more facts are needed to properly answer your question. Such as: how many people, why do you think you need protection, where are they staying, etc., how long are they staying.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Do bankruptcy lawyers represent incarcerated individuals?
Timothy Denison
Timothy Denison answered on Feb 19, 2020

Practically speaking, yes.

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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 »

Timothy Denison
Timothy Denison answered on Jan 28, 2020

Challenge them on your credit report as fraudulent and consult a debtors rights attorney about suing them.

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