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Wisconsin Bankruptcy Questions & Answers
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
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... View 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
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
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
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
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... View 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... View More

Terrence H Thorgaard
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...
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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
Robert Jason De Groot
answered on Aug 10, 2015

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

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is it better to get a home equity loan to pay off medical bills than file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 25, 2015

I can't tell you which approach is "better" for you, but here's something worth considering: medical bills are generally unsecured, whereas a home equity loan is secured by your house. When you take out a home equity loan to pay unsecured debt, you transform that debt to secured... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is it better to get a home equity loan to pay off medical bills than file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

"Better" is subjective, and only you can make that decision. One thing you may want to consider, though, is that medical bills are unsecured debt. A home equity loan, on the other hand, is secured by your home. Once unsecured debt like medical bills is converted to secured debt like a... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I want to look up and see if someone filed for Bankrupcy in Wisconsin and what dates if they have filed

How do I do that?

Nick Passe
Nick Passe
answered on Oct 31, 2012

You would need to create and account with and log onto the Federal Bankruptcy Court (for the Eastern or Western District of Wisconsin) web page and search the PACER database records. There will be a modest expense for your searches. Alternatively you can hire an attorney's office with some... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I filed bankruptcy a year ago, but now I'm recieving medical bills from up to 3 years before I filed

Am I legally obligated to pay those medical bills, or were those debts dismissed in my bankruptcy?

Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

If the bills were listed in your case, and the Creditors contact info was correct, you are not obligated. But, that will not stop unscruplious collection companies. I do not suggest you call, as they can be abusive. Provide a copy to your attorney. If you did not have an attorney, send the... View More

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can I cash out a 403 plan after I filed for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on May 15, 2012

I would suggest you wait until after your Discharge is granted. Best to wait about six months. Note, there are tax ramifications of cashing out a retirement program.

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: ARE court appointed attorney fee able to be discharged in a chapter 7 bankruptcy in-Wisconsin
Andrew Bresalier
Andrew Bresalier
answered on Jan 13, 2012

Unless the underlying case was criminal and the fees awarded to the attorney are part of a fine, or the case was family law and the fees were found to be in the "Nature of Support", they are dischargable.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I receive money from an auto injury accident each month for life for pain and suffering and disabilities. I need

To file chapter 7 because of a divorce and ex-wife has already filed in another state, all her bills came to me. Can the state take my annuity settlement in this state even for bodily injury? I know in other states they can not.

Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If the accident occurred after you filed, it is not part of the case. If the accident occurred prior to the filing of your case it should have been disclosed in your Petition. If it was and the trustee abandoned it, then it is yours. However, you have a duty to report it to the Trustee, if the... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: My boyfriend needs to file bankrupcty before we marry, does he need a lawyer?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

A Debtor who is a Natural Person (vs. a Business) is permitted to represent him/herself in court. However, Bankruptcy is a very complicated area of law, involving a combination of State laws and Federal procedures. An attorney is not required, but is recommended.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: What does it mean I have been discharged in bankruptcy or I have not been discharged in bankruptcy for the Chase account
Eric M Wiechert
Eric M Wiechert
answered on May 6, 2011

See http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Discha...

The above information is not intended as legal advice but is intended solely for discussion purposes.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Do i need a lawyer for bankruptcy?
Eric M Wiechert
Eric M Wiechert
answered on May 6, 2011

The bankruptcy code is fairly complex and generally most people recommend against filing without a lawyer. Wisconsin has some alternatives that are available in state courts to deal with unsecured creditors through Wis. Stat. Ch. 128. The uscourts has some informative videos about the bankruptcy... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: No funds for lawyer/bankruptcy. Living only on mo. SSDI. Had to stop paying debt. Law suit filed on me. What can I do?

Exhausted all funds trying to keep up with debt. Could no longer pay. I am disabled and only get small monthly SSDI income. I'm trying for gov't home mod. for my mtgs. Now creditors filing law suits. I have no funds to pay for a bankruptcy lawyer. Need to know if there is anything I can do.

Eric M Wiechert
Eric M Wiechert
answered on Jan 24, 2011

There may be a pro bono organization resource that may help you: Check http://probono.abiworld.org/

The above information is for discussion purposes only and should not be construed as legal advice.

Good luck

www.ruskcountylaw.com

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If I get a judgement against me can any of my bank accounts be levied
Eric M Wiechert
Eric M Wiechert
answered on Dec 6, 2010

Generally a judgment creditor can issue a garnishment notice to a bank in the county where the lien is filed. If you only have exempt property in the account you can block the garnishment of exempt property but you need to be proactive. If a creditor knowingly garnishes property it knows is... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: If you purse an existing debt after a bankruptcy is complete will the debtor have to repay?
Mr. Richard C Koman
Mr. Richard C Koman
answered on Nov 11, 2010

If I follow the question correctly, you are asking if the debt still exists after the bankruptcy discharge? In general terms, no - a Chapter 7 bankruptcy wipes out the debt - assuming we are talking about an unsecured nonpriority claim. In various scenarios, the debt could still remain.

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