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Wisconsin Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: : Rita EVANS I want to ask b4 i go see this lawyer to reopen my case I want to court and they give me a court date

: Rita EVANS I want to ask b4 i go see this lawyer to reopen my case I want to court and they give me a court date to come back and when I look at it today this what it said adjourned for Eviction Proceedings Court but I go back to court November 27,2019 I wan to no will this stop this case until I... Read more »

Timothy Denison
Timothy Denison answered on Nov 16, 2019

Depending on where you are, you’ll have at least a week and probably several weeks to find your new space.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is it legal to rent out your house if you've filed bankruptcy
Timothy Denison
Timothy Denison answered on Oct 16, 2019

Theoretically, no, not without the permission of the trustee bc the home is part of the bankruptcy estate.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
Clark Dray
Clark Dray answered on Jul 18, 2019

I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved,... Read more »

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1 Answer | Asked in Car Accidents and Bankruptcy for Wisconsin on
Q: I sued the person who hit my car for $7500.00, it became a default judgement because she did not show up in court.

I received a notice in the mail in regards to her filing chapter 7. Is there anything I can do? The paper stated that I can file a motion but will that help me?

Jordan Ash
Jordan Ash answered on Jun 13, 2019

Unfortunately there is nothing you can do unless there was alcohol involved in the accident. The person is allowed to discharge (wipe out) the debt that they owe you for the accident unless it involved alcohol (DUI).

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Bankruptcy after selling a home

My husband and I are moving from Indiana to Wisconsin. We sold our house and will net about 50k. He is the only one on the mortgage and the proceeds will go into an account owned only by him. I am on the title to the home we sold. I am in a great deal of debt on my own (none of it is jointly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

This is a very important question the online answer to which may cause irreparable harm to one or both of you. You BOTH should consult a very experienced bankruptcy lawyer in your area before doing anything more than you have already done.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can estate property that has not been inherited be taken under Chapter13?

I am an executor of my parent's estate. The estate still has a mortgage on it and payments are made through money that is part of the estate. Can this be seen as an asset when I file Chapter 13 even if I am not the name on the loan?

Timothy Denison
Timothy Denison answered on Apr 20, 2019

Depends on your ownership interest in the property and the equity in it. You need to speak with a competent bankruptcy lawyer who can assess your complete financial situation before you do anything.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Hello my Mom and I had a bank account together she passed away 7 months ago how long do I have for probate

How long would this stay in Probate ?

Timothy Denison
Timothy Denison answered on Apr 19, 2019

You can likely probate at any time but generally the estate has to remain open for 6 months.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: x-spouse and new wife claimed chapter 13 and is failing to pay court ordered support to me. What can I do to get help?

We were married for 20 yrs. He divorced me on March 14,2016. I had filed for contempt of court and he still had not paid up. 2017 he owes me $940.00 - 2018 he owes me $810.00 - so far 2019 he owes $875.00. Divorce case no.: 15 FA 0546 Case Code 40101 David and Cheryl Wollert bankruptcy case... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2019

He still owes you the money. Child support and Alimony are not dischargeable in bankruptcy. Moreover, the stay does not apply to pursuit of these debts. Contempt in the divorce case is your best, quickest option.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Statement of intent surrendering vehicle how long before have to give vehicle back?

Once you file the statement of intent to surrender in Chapter 7 your vehicle back to the finance company how long before you have to return the vehicle to them?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Ask your bankruptcy lawyer; if you have none, ask the trustee; if that doesn't work ask the finance company.

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