Lawyers, Answer Questions  & Get Points Log In
Wisconsin Bankruptcy Questions & Answers
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, the... Read more »

View More Answers

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.

View More Answers

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Do we HAVE to include our medical bills in a chapter 7?

We have 2000.00 in medical bills and we'd like to pay them on our own

Timothy Denison
Timothy Denison answered on Mar 23, 2019

Yes. You must include ALL debts owed. You still may pay them voluntarily if you wish.

View More Answers

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My brother filed for bankruptcy before we could file a lawsuit against him. Can we still sue?

My mother moved to assisted living only to find out my brother stole a lot of money from her. The divestment is over $50,000. My husband and I are private paying because she cannot live independently. Since my brother stole money, we planned on suing to try to recoup. (He received every penny. We... Read more »

Timothy Denison
Timothy Denison answered on Jan 4, 2019

You should consult the authorities bc a crime may have been committed. Also, you can bring an adversarial proceeding against your brother inside his bankruptcy case to recover the money if he obtained it by fraud or deceit. You should consult an experienced bankruptcy attorney to help you through... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is cash value life insurance an exempt Ch. 7 asset under WI or Federal Law?
Timothy Denison
Timothy Denison answered on Jan 3, 2019

The cash value is an asset the value of which can be protected with either your state or federal exemptions.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: what does bankruptcy cost to file?

What options are there to pay for bankruptcy?

Does anyone offer a payment plan to pay for bankruptcy or do I need to pay in full?

Timothy Denison
Timothy Denison answered on Dec 30, 2018

Both filing fee and attorney fee can usually be paid in installments.

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Q: My childs father is filing bankruptcy. How does it affect me?

We were never married and never had any debt together. He does pay child support and is current. I got a letter in the mail about his bankruptcy and I am not sure why or what it means for me?

Timothy Denison
Timothy Denison answered on Dec 29, 2018

It means nothing to you. He still has to pay support until she is 18 or graduates. Domestic support obligations such as child support are non dischargeable debts in bankruptcy.

1 Answer | Asked in Civil Litigation and Bankruptcy for Wisconsin on
Q: Bank account Garnishment while on Public Assistance

I was sued by a creditor for about $4500 and i am currently and have been on Wi Badgercare and Wi Foodshare(Food Stamps). I am unemployed and have a relative giving me $800 a month($630 is rent, the rest is to live off per month) and my roommate gives me his portion of the rent each month(also... Read more »

Timothy Denison
Timothy Denison answered on Dec 6, 2018

At least 25% of the monthly amount because none of it is exempt.....

1 Answer | Asked in Bankruptcy and Child Support for Wisconsin on
Q: Chapter 13 and child support modifications.

If a child support payor files for chapter 13 with a 5 year repayment plan. Does this prevent the mother or child support from doing any modifications to increase child support for during that 5 years?

Timothy Denison
Timothy Denison answered on Oct 23, 2018

No. You can move to modify child support anytime.

1 Answer | Asked in Bankruptcy, Divorce and Business Law for Wisconsin on
Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.

These businesses are supported financially by the others during the off season. They have a substantial amount of debt that is personal and the businesses. My father wants to file bankruptcy right away before trying to sell assets and my mother does not agree with him. He wants to keep one business... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2018

This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I'm looking for a lawyer/law firm that will file the paperwork for a chapter 7 bankruptcy once filing fees are paid...

And allow a payment plan for attorney fees...

Timothy Denison
Timothy Denison answered on Sep 28, 2018

Check with your local bar association or a Legal Aid for a list of bankruptcy attorneys.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Am I able to discharge my cell phone and tablet installment plans but keep the cell phone provider and service plan?

My partner and I want to keep Verizon but the installment plans hamstring our ability to pay our bill going forward

Timothy Denison
Timothy Denison answered on Aug 21, 2018

No. Pay for them and keep them or give them up and don’t pay for them.

2 Answers | Asked in Bankruptcy and Business Law for Wisconsin on
Q: How does a business proceed on getting there vehicle back as a lienholder , if the client has a chapter 7 discharge?

Can we legally contact after discharge of ch 7 if they still have our property and are not paying?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 21, 2018

Yes, the lien against the vehicle is not discharged. You should probably hire an attorney to handle this for you, though.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.