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Wisconsin Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Is it better to get a home equity loan to pay off medical bills than file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

"Better" is subjective, and only you can make that decision. One thing you may want to consider, though, is that medical bills are unsecured debt. A home equity loan, on the other hand, is secured by your home. Once unsecured debt like medical bills is converted to secured debt like a... View More

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I want to look up and see if someone filed for Bankrupcy in Wisconsin and what dates if they have filed

How do I do that?

Nick Passe
Nick Passe
answered on Oct 31, 2012

You would need to create and account with and log onto the Federal Bankruptcy Court (for the Eastern or Western District of Wisconsin) web page and search the PACER database records. There will be a modest expense for your searches. Alternatively you can hire an attorney's office with some... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I filed bankruptcy a year ago, but now I'm recieving medical bills from up to 3 years before I filed

Am I legally obligated to pay those medical bills, or were those debts dismissed in my bankruptcy?

Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

If the bills were listed in your case, and the Creditors contact info was correct, you are not obligated. But, that will not stop unscruplious collection companies. I do not suggest you call, as they can be abusive. Provide a copy to your attorney. If you did not have an attorney, send the... View More

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can I cash out a 403 plan after I filed for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

I would suggest you wait until after your Discharge is granted. Best to wait about six months. Note, there are tax ramifications of cashing out a retirement program.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I receive money from an auto injury accident each month for life for pain and suffering and disabilities. I need

To file chapter 7 because of a divorce and ex-wife has already filed in another state, all her bills came to me. Can the state take my annuity settlement in this state even for bodily injury? I know in other states they can not.

Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If the accident occurred after you filed, it is not part of the case. If the accident occurred prior to the filing of your case it should have been disclosed in your Petition. If it was and the trustee abandoned it, then it is yours. However, you have a duty to report it to the Trustee, if the... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: ARE court appointed attorney fee able to be discharged in a chapter 7 bankruptcy in-Wisconsin
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Unless the underlying case was criminal and the fees awarded to the attorney are part of a fine, or the case was family law and the fees were found to be in the "Nature of Support", they are dischargable.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My boyfriend needs to file bankrupcty before we marry, does he need a lawyer?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

A Debtor who is a Natural Person (vs. a Business) is permitted to represent him/herself in court. However, Bankruptcy is a very complicated area of law, involving a combination of State laws and Federal procedures. An attorney is not required, but is recommended.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Do i need a lawyer for bankruptcy?
Eric M Wiechert
Eric M Wiechert
answered on May 6, 2011

The bankruptcy code is fairly complex and generally most people recommend against filing without a lawyer. Wisconsin has some alternatives that are available in state courts to deal with unsecured creditors through Wis. Stat. Ch. 128. The uscourts has some informative videos about the bankruptcy... View More

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: What does it mean I have been discharged in bankruptcy or I have not been discharged in bankruptcy for the Chase account
Eric M Wiechert
Eric M Wiechert
answered on May 6, 2011

See http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Discha...

The above information is not intended as legal advice but is intended solely for discussion purposes.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: No funds for lawyer/bankruptcy. Living only on mo. SSDI. Had to stop paying debt. Law suit filed on me. What can I do?

Exhausted all funds trying to keep up with debt. Could no longer pay. I am disabled and only get small monthly SSDI income. I'm trying for gov't home mod. for my mtgs. Now creditors filing law suits. I have no funds to pay for a bankruptcy lawyer. Need to know if there is anything I can do.

Eric M Wiechert
Eric M Wiechert
answered on Jan 24, 2011

There may be a pro bono organization resource that may help you: Check http://probono.abiworld.org/

The above information is for discussion purposes only and should not be construed as legal advice.

Good luck

www.ruskcountylaw.com

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If I get a judgement against me can any of my bank accounts be levied
Eric M Wiechert
Eric M Wiechert
answered on Dec 6, 2010

Generally a judgment creditor can issue a garnishment notice to a bank in the county where the lien is filed. If you only have exempt property in the account you can block the garnishment of exempt property but you need to be proactive. If a creditor knowingly garnishes property it knows is... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If you purse an existing debt after a bankruptcy is complete will the debtor have to repay?
Mr. Richard C Koman
Mr. Richard C Koman
answered on Nov 11, 2010

If I follow the question correctly, you are asking if the debt still exists after the bankruptcy discharge? In general terms, no - a Chapter 7 bankruptcy wipes out the debt - assuming we are talking about an unsecured nonpriority claim. In various scenarios, the debt could still remain.

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