Get free answers to your Bankruptcy legal questions from lawyers in your area.
I recently filed for Chapter 128 four days ago, and I received a notice regarding the interception of my federal and state tax refunds due to an overpayment of unemployment benefits, which has been classified as fraudulent. Given my current filing under Chapter 128, can this interception still... View More 
I recently filed a Chapter 128 repayment plan, which includes repayment of unemployment benefits. The plan was filed 4 days ago, and I haven't started making payments yet. Before I filed, I received notice of potential tax refund interception. I've communicated with the unemployment... View More
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answered on Feb 25, 2025
Your Wisconsin Chapter 128 filing creates a unique legal situation regarding tax refund interception. While Chapter 128 provides some protection from creditors, it differs significantly from federal bankruptcy protections. The unemployment office's statement about intercepting your federal tax... View More
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..
answered on Jan 26, 2025
You likely have nothing to worry about. Eventually, the dealer will probably assert a mechanics lien and sell the vehicle.
You do not provide dates as to when the vehicle was taken to the dealership. If this contract was entered into after your bankruptcy filing, you are likely liable. If... View More
I recently filed and was informed I have to refile 2021 and that was one of the years on my Ch13. My lawyer doesn't know how I should claim them either.
Edit* I meet with my trustee next week so the bankruptcy is not completed yet and I need this tax return for it. Do I put what I paid... View More
answered on Jan 18, 2025
You say you have “recently filed”, and I am assuming you mean recently filed your chapter 13 case.
You also ask how to “claim” property taxes, and I am assuming you mean claim me deduction on your income tax return.
If these assumptions are correct, you handle this same as... View More
I was considering bankruptcy. Is it possible to get a reinstatement after bankruptcy process is complete?
She has no means to pay for. So I essentially sent her about 100k via PayPal (through misc credit cards) to pay this off, with the intention that her insurance would reimburse. They didn't. I earn 125k a year, but have my own debts (heloc and a CCs). In total, my cc debt will be about 126k... View More
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answered on Sep 8, 2024
Filing for Chapter 13 bankruptcy could be a challenging situation, especially given the large amount you sent to your girlfriend using credit cards. Generally, trustees will review your overall financial situation, and they may look into significant transactions. While trustees don't typically... View More
My bankruptcy is in WA and I have relocated to WI. I don't know if that makes a difference.
answered on Jun 13, 2024
Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.
And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and... View More
answered on Mar 8, 2024
Tersely, my KY colleague is correct. However-
you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.
If the case has in fact been... View More
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 2, 2024
The answer depends upon the viability, and provability, of your claim.
An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More
Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.
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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
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
answered on Sep 24, 2023
Make a motion for the court to sanction them
And dismiss the case.
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.
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... 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
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
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.
Just trying to fix my credit and understand things to be able to take the next steps to fix these things.
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
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.
answered on Oct 17, 2022
You can file a chapter 7 petition once every eight years, the operative date being the date of filing.
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,... 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
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