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Wisconsin Bankruptcy Legal Questions

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147 legal questions have been posted about bankruptcy by real users in Wisconsin. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Wisconsin Bankruptcy Questions & Legal Answers
Do you have any Wisconsin Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 147 previously answered Wisconsin Bankruptcy questions.
Bankruptcy
Wisconsin

Recent Legal Answers

Cares Act 401K withdraw and chapter 13

Answered 5 years and 5 months ago by Mr. Eric N. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
I'm sorry to hear you are having trouble with your attorney. Personally, as an attorney, I am embarassed that an attorney is ignoring their client. I, nor any other attorney, that has read the facts you present, can competently answer your question. That said, may I suggest you contact the WI Bar and ask them to call your attorney on your behalf to have your attorney return your call. Further, you could contact the court clerk, ask the clerk to schedule a status conference with the judge and let the judge know of your problems. Good luck! ... Read More
I'm sorry to hear you are having trouble with your attorney. Personally, as an attorney, I am embarassed that an attorney is... Read More

What should be done if my car was repossessed after we had filed chapter 13?

Answered 8 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Ask your chapter 13 lawyer. But I think you are correct.
Ask your chapter 13 lawyer. But I think you are correct.

Can I do anything to make them pay for their mistake if I was just garnished for a civil lawsuit discharged in bankruptcy?

Answered 8 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It appears that the creditor violated the discharge.
It appears that the creditor violated the discharge.

Why are spouses pay check stubs required for a non-filing spouse, especially if filing is exempt from "means test"?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   3 Answers   |  Legal Topics: Bankruptcy
The court can still look at the "totality of circumstances" when granting a chapter 7 discharge even for non-consumer cases where means test does not need to be done. If a person is living with a millionaire and could easily pay off all the debt, then the judge has the authority to not grant a discharge.... Read More
The court can still look at the "totality of circumstances" when granting a chapter 7 discharge even for non-consumer cases where means test does not... Read More

What can be done on judgment lien avoidance upon case dismissal?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Judgment liens become dormant after five years with no action. If the creditor has taken no action the judgment is no longer valid.
Judgment liens become dormant after five years with no action. If the creditor has taken no action the judgment is no longer valid.

Can ex spouse sue if she's was listed on the schedule F of my chapter 7 bankruptcy?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Sue you for what? When one codebtor filed bankruptcy, the other codebtor remains liable on the loan; just like they were before.
Sue you for what? When one codebtor filed bankruptcy, the other codebtor remains liable on the loan; just like they were before.

If my husband and I are both on home title but he is the only one on mortgage, if he declares bankruptcy what is my situation?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You own 1/2 interest in Tempe property free and clear, he owns a 1/2 interest subject to the mortgage. If he declares bankruptcy, he is no longer personally liable on the mortgage but his 1/2 interest is still subject to the mortgage. If he stops paying the mortgage, the usual result is the house is foreclosed and you split the proceeds with the lender.... Read More
You own 1/2 interest in Tempe property free and clear, he owns a 1/2 interest subject to the mortgage. If he declares bankruptcy, he is no longer... Read More

Would I be safe to think that it will no longer harm her credit if loan responsibility shows terminated?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Credit reports show what the lender tells the agency. It appears the lender made an error but it benefits both of you.
Credit reports show what the lender tells the agency. It appears the lender made an error but it benefits both of you.

Does the clock start ticking the day of or the day after the court date to dismiss or whenever the attorneys at the mortgage company get the paperwork

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before then.
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before... Read More

What do I do after the case was dismissed?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Refile if you still need the relief.
Refile if you still need the relief.

How long do l to move once my stay from bankruptcy was moved?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Call the Public Trustee who is going to handle the foreclosure sale. You will have to move shortly after the sale date.
Call the Public Trustee who is going to handle the foreclosure sale. You will have to move shortly after the sale date.

What can I do if it’s been almost two months since my bankruptcy hearing, and I still have not had the garnishment money returned to me?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
There is no time limit. Just keep doing what you've been doing.
There is no time limit. Just keep doing what you've been doing.

Is it unethical to consult with more than one bankruptcy attorney?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. Come see me.
No. Come see me.

What happens to a joint four-people owned rental property if one of them files for bankruptcy?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Meet with an attorney where the real estate is located.
Meet with an attorney where the real estate is located.

If I used the credit card that is under my dad’s name, they file a petition saying that it's no dischargeable forcing me to pay him back?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The car and credit card debts were obtained in violation of a court order (your Chapter 13 plan), so they aren't dischargeable. When you decided to violate your plan, you pretty much screwed the pooch as far as bankruptcy is concerned.
The car and credit card debts were obtained in violation of a court order (your Chapter 13 plan), so they aren't dischargeable. When you decided to... Read More

Is it illegal to take out installment loan to pay for bankruptcy and attorney fees and not include it in the bankruptcy?

Answered 8 years and 5 months ago by attorney Stuart M. Nachbar   |   3 Answers   |  Legal Topics: Bankruptcy
Yes, it is because it would be deemed that you never intended to pay for it.
Yes, it is because it would be deemed that you never intended to pay for it.

Is it okay to use this card if my bankruptcy chapter 7 is discharged but not closed?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
An authorized user means that you're using a card that's billed to someone else. For example, if I use my employer's card to buy lunch for a client, my employer is responsible for paying the bill not me. However, if you're using your spouse's card or a friend's card with the understanding that you'll pay for the charges, then you're incurring debt and that's prohibited.... Read More
An authorized user means that you're using a card that's billed to someone else. For example, if I use my employer's card to buy lunch for a client,... Read More

If I filed bankruptcy on my home, how do I take my name off the deed?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Bankruptcy removes your personal liability on the mortgage. Bankruptcy does not transfer ownership of the property to the creditor. The creditor can take ownership by filing a foreclosure or the creditor can agree to ownership which is called a "deed in lieu". Nothing can force the creditor to take ownership.... Read More
Bankruptcy removes your personal liability on the mortgage. Bankruptcy does not transfer ownership of the property to the creditor. The creditor can... Read More

If my landlord filed for bankruptcy and refuses to refund my deposit, can I still sue him in small claims court?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If your landlord has more than four units, he was required to put security deposits in a separate bank account and bankruptcy would not release him from his liability. If your landlord filed a Chapter 13 or a Chapter 7 with nonexempt assets, the bankruptcy would no release him from his liability because he didn't list you as a creditor. You should speak with an attorney.... Read More
If your landlord has more than four units, he was required to put security deposits in a separate bank account and bankruptcy would not release him... Read More

Can we legally walk away from a mortgage if we filed bankruptcy and then did a modification with the lender?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If you did the loan modification after the filing of your BK, there may be lingering issues. Pay an attorney to review the matter with you.
If you did the loan modification after the filing of your BK, there may be lingering issues. Pay an attorney to review the matter with you.

Can I file bankruptcy if I cannot make even minimum credit card payments due to life changing situation?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Probably yes, but you probably should meet with an attorney. I am assuming your equity does not exceed the homestead exemption amount, but I have no way of knowing without conducting an interview.
Probably yes, but you probably should meet with an attorney. I am assuming your equity does not exceed the homestead exemption amount, but I have no... Read More

Do I have to re-finance the balance because the note matured?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If you refinance the HELOC the lender won't foreclose on the house to get its money back.
If you refinance the HELOC the lender won't foreclose on the house to get its money back.

Can I have another loan if my chapter 7 was not reaffirmed?

Answered 8 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
A new loan is certainly not prohibited-but it can be quite a headache to obtain-as you already know.
A new loan is certainly not prohibited-but it can be quite a headache to obtain-as you already know.

What is a published filing?

Answered 8 years and 6 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Typically, when a legal case has been published, it means that the decision was important enough that the legal reporters included it. Legal reporters are books that publish court decisions determining what legal decisions impact future legal matters.
Typically, when a legal case has been published, it means that the decision was important enough that the legal reporters included it. Legal... Read More

Is my insurance still valid if I did not reaffirm?

Answered 8 years and 6 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Have you got your insurance agents phone number? Why not call your insurance agent and make this change to your name on the policy? While having a former name on your policy will not make it ineffective, it is sort of a foolish thing to avoid correcting.
Have you got your insurance agents phone number? Why not call your insurance agent and make this change to your name on the policy? While having a... Read More
Bankruptcy
Wisconsin

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