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Wisconsin Bankruptcy Questions & Answers
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.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: . My question is I have a cosigner if I do bankruptcy will it effect his credit
Timothy Denison
Timothy Denison answered on Aug 17, 2018

Not as long as the co-signer continues to pay the debt.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Unique situation. Is bankruptcy the best option?

I am located in Madison, WI

Back in March I was arrested for Federal Drug charges. I just recently got out on bail, I have about $25,000 in loan and credit card debt and another $105,000 owed on my house. Payments have not been made in 6 months because of jail, I currently have no job and... Read more »

Timothy Denison
Timothy Denison answered on Jul 26, 2018

Depends on several other factors but starting to look that way, yes.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If someone is found guilty of intentional tort can they file bankruptcy?

I was falsely accused of 2 felonies. A judge ruled that my accuser intentionally lied to police causing me to be arrested. The judge found her guilty of intentionally causing me physical, emotional and financial harm. A hearing to determine damages is scheduled for next week. My accuser plans to... Read more »

Timothy Denison
Timothy Denison answered on Jul 26, 2018

Fraud, which is exactly what this is, is nondischargeable in bankruptcy. If he files, you can establish that in bankruptcy court.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Under a chapter 7 bankruptcy, if I inherit the home I live in via deed transfer, is the home still an exempt asset?

My parents own the home and want to transfer the deed to us as an inheritance rather than gift to avoid gift tax. Could the trustee take our home in that scenario?

Cristina M. Lipan
Cristina M. Lipan answered on May 16, 2018

It doesn't matter how you received ownership of the home. If you own real property and use it as your residence, you can use the available homestead exemption. However, a homestead exemption may not completely protect your property. You should speak to a local bankruptcy attorney to assess... Read more »

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If a church file bankruptcy or debit consolidation when if ever are they allow to do fundraising?
Timothy Denison
Timothy Denison answered on May 15, 2018

Depending on the Chapter filed under, the Court could authorize it if it is a reorganization and necessary in the conducting of the regular business affairs of the church.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: How do I file a harassment Charges on a bankruptcy trustee?
Timothy Denison
Timothy Denison answered on May 7, 2018

Check with a local attorney before you take any action. That might not he the thing to do while the case is open.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My husband n I own a timeshare. Can I file bankruptcy alone n include the timeshare without damaging his credit?
Cristina M. Lipan
Cristina M. Lipan answered on Jan 3, 2018

If you file bankruptcy alone, your debt for the timeshare will be discharged as against you, but your husband will probably still be responsible.

Information provided for informational purposes only and should not be taken as legal advice.

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1 Answer | Asked in Bankruptcy and Employment Law for Wisconsin on
Q: Offered a job pending a background check? Worried about a bankruptcy on my credit report?

I received a job offer contingent on a comprehensive background check. I am not worried about the criminal background check. I did file bankruptcy and the debt was discharged a year ago. Two judgements were also discbarged, but show up on county records. Do I need to alert employer. JOB WAS... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Dec 4, 2017

Pursuant to bankruptcy code section 525, a government employer cannot discriminate solely based on a prior bankruptcy filing. It will probably show up on the background check. This isn't something that needs to be disclosed.

Information provided for informational purposes only, and...
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1 Answer | Asked in Bankruptcy and Car Accidents for Wisconsin on
Q: had a car accident that was essentially my fault and I have no insurance can I file bankruptcy before they sue or after

I lost my license and my job because I mobile security and now I really can't pay and if I do file bankruptcy will I lose my tax refund?

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Essentially isn't necessarily. First, you don't file until you have to. Second, consult a consumer attorney who handles bankruptices so you know what you'll need, what your options are.

You want to talk to an attorney about the license issue--unless you were dui it may be possible to get it back.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I co-signed on a car loan with my fiance. I had to file bankruptcy. Will she lose the car?

Will the payment and interest change for her if I do not reaffirm the loan?

James Edward Lewis
James Edward Lewis answered on Aug 3, 2017

Almost certainly no, unless she fails to make the required payments as agreed. So long as she is not in default under the terms of the loan agreement, the lender should refrain from any collection activity against her or the vehicle in question.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Hello I am needing of advice on filing for bankruptcy. Can I file for bankruptcy and pay the lawyer in payments?

I am full time employee as a caregiver I make 11hr but i after rent bills and my toddler boys i don't have the money to pay right up front I never did this before so I'm not sure where to start

Stuart Nachbar
Stuart Nachbar answered on Jul 29, 2017

You can only do a payment plan in a chapter 13, not a 7.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can I get my school loans dismissed if I file for bankruptcy?

I am homeless and living with a friend. I get food stamps and medicaid. I have been homeless for years and not working due to my health. I keep being denied by SSI/D. If i file for bankruptcy, can i get my school loans dismissed? I have already had my loans changed to income based but I cant afford... Read more »

David Earl Phillips
David Earl Phillips answered on Jun 7, 2017

While very hard to do, sometimes you can discharge student loans in bankruptcy. Many of the facts you indicate would be factors that a bankruptcy judge would consider. See a bankruptcy lawyer in your area and let them advise you if bankruptcy would be a good option. You can look on Justia for a... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Hi my question is .. should I fill bankrupt before I get married or file bankrupt together?

Both my fiancee and I need to file for bankruptcy but we don't know if filing together once we are married is a good idea or file before we are married

David Earl Phillips
David Earl Phillips answered on Jun 6, 2017

If you are both going to file anyway , you can save money by filing together. One filing fee to court and most lawyers do not charge more for a married couple to file vs. a single person filing. Look on Justia for a lawyer in your area and let them review your situation and see what would be best... Read more »

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