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Wisconsin Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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3 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you stop a bankruptcy if it isn't filed?
James L. Arrasmith
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answered on Mar 8, 2024

If you're considering halting a bankruptcy process that hasn't been officially filed yet, you're in a position with flexibility. Before any legal paperwork is submitted to the court, you have the opportunity to explore alternative solutions to your financial struggles. It's... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

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

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

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

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

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

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

J. David Krekeler
J. David Krekeler
answered on Feb 5, 2024

Answer: It is unlikely that your private student loans will be discharged based only on the facts provided.

Explanation: Generally, student loans, whether public or private, are not part of the discharge debtors receive in a bankruptcy. To discharge student loans in a bankruptcy, a debtor...
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4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

T. Augustus Claus
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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

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4 Answers | Asked in Bankruptcy for Wisconsin on
Q: Been paying private school loan for 13+ years and basically all in interest. Will filling for bankruptcy get rid of it?

Went from 70k to 55k salary. Mortgage and cc payments make it nearly impossible to pay.

James L. Arrasmith
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answered on Feb 4, 2024

Filing for bankruptcy to discharge a private student loan is challenging but not impossible. Generally, both private and federal student loans are not dischargeable in bankruptcy unless you can prove "undue hardship," a standard that is notoriously difficult to meet.

To have a...
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2 Answers | Asked in Bankruptcy and Consumer Law for Wisconsin on
Q: I ordered from a legitimate online business out of FL. I never got my product and they won't refund me or respond to me.

I ordered a product last year worth $2000 from Big Daddy Unlimited Outdoors, which they said was back ordered. Waited 4 months for it before cancelling and requesting a refund. After many calls and emails waiting for my refund they stopped all communication. I've filed many complaints and... View More

James L. Arrasmith
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answered on Nov 5, 2023

Showing up in person at a store with proof of the refund you’re owed may not guarantee that they will provide you with a refund, especially if the business is in bankruptcy proceedings. Retail staff may not have the authority or ability to process refunds for online orders, especially those... View More

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: So I am being sued for a debt the court ordered a itemization of the debt and they put the wrong date

They also have a discrepancy in what the original loan amount they said was with the court and what they reported to the credit beauru just wondering if I can file a motion to dismiss and if so what would the grounds be. I am not sure how to to continue to defend myself when they are not coming... View More

James L. Arrasmith
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answered on Nov 5, 2023

If the creditor provided incorrect information in their itemization of the debt, you may have grounds to challenge their claim. Filing a motion to dismiss could be appropriate if you can demonstrate that the discrepancies are material and not merely clerical errors.

In the motion, you...
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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: can I file a case against a creditor in Bankruptcy court and Civil court?

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
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...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Wisconsin on
Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
J. David Krekeler
J. David Krekeler
answered on Jun 3, 2023

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...
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2 Answers | Asked in Bankruptcy and Contracts for Wisconsin on
Q: Should I get a lawyer involved?

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

J. David Krekeler
J. David Krekeler
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

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2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

Could also be a reporting error. Contact all three credit reporting agencies and dispute the entry. They have 30 days to investigate and correct if necessary.

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2 Answers | Asked in Bankruptcy for Wisconsin on
Q: What if plaintiff repeatedly submits errenous paperwork to the court in civil debt case for student loan debt

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

Timothy Denison
Timothy Denison
answered on Sep 24, 2023

Make a motion for the court to sanction them

And dismiss the case.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I am on Social Security Disability and I have no other income. I have been served some court summons the past few months

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can you file for bankruptcy as a couple after have done filed bankruptcy as an individual?

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.

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.

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