Lawyers, Answer Questions  & Get Points Log In

Wisconsin Bankruptcy Questions & Answers

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 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 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 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 your... Read more »

View More Answers

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 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 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 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.

View More Answers

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 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 should...
Read more »

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 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...
Read more »

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 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 answered on Jul 29, 2017

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

View More Answers

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 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 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 »

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: I have vehicles in my fathers name but I make the payments directly to the banks. How can I put on means test to pass

They are expenses that I can prove

Stuart Nachbar answered on Apr 26, 2017

While you have to prove same, if you can show the payments being made and a course of conduct, the Trustee may allow same. It may take a little extra time and documentation including Certifications that you could not get a car in your name due to bad credit. Otherwise, you would need to have them... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: I've filed bankruptcy but I'm still getting collections calls. Is that legal?

Nels Hansen answered on Apr 16, 2017

No. When you file bankruptcy, the automatic stay prohibits a creditor or agent for a creditor from contacting the debtor in an attempt to collect a debt. Once the creditor is informed of the bankruptcy all collection action should stop. Contact your bankruptcy attorney and have them send notice... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Wisconsin on

Q: can you file bankruptcy on a lien that was placed on your home, in Wisconsin? this was from a fine levied against me

this is from fine with the town from not complying with codes

Ben F Meek III answered on Mar 9, 2017

This is a question for a bankruptcy lawyer in your jurisdiction.

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: how do I find out if a party has filed bankruptcy

In particular if I am listed as a party for a debt to be dismissed

Jack Umpleby answered on Jan 7, 2017

Call the bankruptcy clerk of courts and ask them about the possible filings for the name of the debtor.

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: what is involved in filing for bankruptcy and what is the cost?

Thomas Murphy answered on Mar 2, 2016

The answer depends on the type of petition filed. For example, in the Eastern District of Wisconsin, the filing fee for Chapter 7 is $335 plus attorney's fees if you were to hire an attorney. The cost to file Chapter 13 bankruptcy in the Eastern District is $310 plus attorney's fees.

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: Hi I filed chapter 7 bankruptcy 2 years ago and did not include my home, yet it is listed on my husbands credit report.

We did a home modification with Wells Fargo and since we were never told about reaffirming our mortgage loan its not reaffirmed so what can we do now? We are making regular payments on our mortgage. Wells Fargo said its too late to reaffirm the loan now so now what?

Robert Gambrell answered on Aug 26, 2015

You were supposed to list all creditors, even the creditors that you wanted to continue paying. Most national lenders have purchased bankruptcy info from one of the three credit bureaus and the computer at the national lender downloads a list of all individuals that filed bankruptcy in the... Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: Hi, this question is for my sister.

My brother-in-law opened a credit card under her name. She did not sign for it, but he used it and when he left her an their three children she needed to use the card for food and bills, he left them with no resource. Since than she was paying what she could, but could no longer pay credit bill due... Read more »

Terrence H Thorgaard answered on Aug 20, 2015

In my opinion, she is unlikely to find an attorney to help her file bankruptcy for little or nothing.

I suggest that she file the bankruptcy Chapter 7 or 13 case herself. The required forms can be accessed at most bankruptcy court websites, and there may be a document with instructions...
Read more »

1 Answer | Asked in Bankruptcy for Wisconsin on

Q: I converted my Chap 13 to a Chap7, It has not been 8 years since my previous case. What should I do? Reconvert dismiss?

My Chap 7 was discharged, but the clerk noticed I was 6 months short of 8 years since my previous 7 discharge. Should I convert back to a 13 and dismiss it and refile my 7? Or dismiss my 7 based on a filing error and refile immediately?

Thank you

Robert Jason De Groot answered on Aug 10, 2015

What you should do is get the advice of a local bankruptcy attorney.

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.