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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 - Page 3
Do you have any Wisconsin Bankruptcy questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 147 previously answered Wisconsin Bankruptcy questions.
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Wisconsin

Recent Legal Answers

Who gets the title if I was in a car accident and the car was totaled?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
When the insurance company pays the funds for the totaled car, it gets the title.
When the insurance company pays the funds for the totaled car, it gets the title.

Who gets the title if I was in a car accident and the car was totaled?

Answered 8 years and 10 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Who is paying off the balance of the vehicle loan?
Who is paying off the balance of the vehicle loan?

If my home is free and clear, can I sell it after I am discharged from bankruptcy?

Answered 8 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Yes and no. It depends on a number of factors. Pay an experienced BK lawyer for one hour of their time. Now is not the time to skimp - it could be very costly.
Yes and no. It depends on a number of factors. Pay an experienced BK lawyer for one hour of their time. Now is not the time to skimp - it could be... Read More

What can be done if I filed a chapter 13 in 2008, I just find out it was never discharged but I paid the attorney $3000 for a job he never finished?

Answered 8 years and 10 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
I would need to know more, but generally, lawyers do not guarantee results. Might help had you said why the case was dismissed and not discharged. Most of the time this happens, it is because the client does not make payments to the trustee, does not turn over tax paperwork and refunds, and does not complete the second financial management class. Typically, the attorney has performed all the work and the client has dropped the ball.... Read More
I would need to know more, but generally, lawyers do not guarantee results. Might help had you said why the case was dismissed and not discharged. ... Read More

Is bankruptcy only law to remove a home lien?

Answered 8 years and 10 months ago by David Michael Benson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
If the lien impairs your homestead exemption, you could remove it in a Chapter 7 case and probably discharge all your credit card debt.
If the lien impairs your homestead exemption, you could remove it in a Chapter 7 case and probably discharge all your credit card debt.

If a company buys another company can they go back three years and collect money they say you owe?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No, companies can't go back and take withholding that was missed. Each paycheck is subject to withholding separately.
No, companies can't go back and take withholding that was missed. Each paycheck is subject to withholding separately.

If I filed bankruptcy and house is still in my name, can I sell the house or rent it?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can transfer your interest to anyone. The bank's lien will probably still be valid but it could be removed in a suit to clear title.
You can transfer your interest to anyone. The bank's lien will probably still be valid but it could be removed in a suit to clear title.

What can be done on a credit lockdown?

Answered 8 years and 10 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Sure would help if you explain who you are and what you want to do. For example, if this is your credit and you want to release the lock down, you will need to contact each of the credit bureaus and ask for their special instructions.
Sure would help if you explain who you are and what you want to do. For example, if this is your credit and you want to release the lock down, you... Read More

If owner of retail business files Chapter 7 while in Chapter 11 without knowledge of Trustee commits grand larceny, who is responsible?

Answered 8 years and 10 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The wrongdoer, who may have committed theft, bankruptcy fraud and some other serious crimes. Holding a Bankruptcy Trustee liable for almost anything short of an intentional crime is extremely difficult, and not worth the effort. You might want to notify the United States Trustee for your district-not the case Trustee.... Read More
The wrongdoer, who may have committed theft, bankruptcy fraud and some other serious crimes. Holding a Bankruptcy Trustee liable for almost anything... Read More

Do debt collectors usually give you your court case number on an automated machine?

Answered 8 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Look up the case number on your local court's website. You can check if it's a real case against you. Remember there are two courts which have jurisdiction, the municipal court for claims $15,000 or less and common pleas for larger claims.
Look up the case number on your local court's website. You can check if it's a real case against you. Remember there are two courts which have... Read More

What to do after bankruptcy when the mortgage servicer won't send statements?

Answered 8 years and 11 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Creditors are prohibited from contacting debtors after a bankruptcy to collect any debt discharged in the bankruptcy. Many creditors refuse to issue any statements to the debtor to avoid being sued for breaking this rule. You should have a lawyer follow up with the creditor to see how they wish to handle this debt.... Read More
Creditors are prohibited from contacting debtors after a bankruptcy to collect any debt discharged in the bankruptcy. Many creditors refuse to issue... Read More

Am I still under a stay with my creditors if my job did not take out the payments on time?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You have the automatic stay so long as no creditor asked for relief from the stay, and your case is still active. You may want to meet with a lawyer face-to-face. Answering questions here is like calling a doctor over the phone, whom you have never met, and then asking questions about your medical file, test results, and x-rays.... Read More
You have the automatic stay so long as no creditor asked for relief from the stay, and your case is still active. You may want to meet with a lawyer... Read More

If I own 17,000 end back child support can I fill chapter 13?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, but you will need to make arrangements to get current or some form of payment plan on the back due child support (that is not dischargeable in a BK).
Yes, but you will need to make arrangements to get current or some form of payment plan on the back due child support (that is not dischargeable in a... Read More

If my ex-wife is filing chapter 13 and she owes me for our son's loan 50 percent, can I collect interest on the money she owes me?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Meet with a lawyer face to face. The lawyer will charge you for their time, but you don't want to meet with a lawyer who has no confidence in their own legal abilities.
Meet with a lawyer face to face. The lawyer will charge you for their time, but you don't want to meet with a lawyer who has no confidence in their... Read More

Can I get married after a chapter 13 bankruptcy?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Generally, yes. However, I would advise you to meet with a lawyer face to face so they can review your Chapter 13 file with you. Any lawyer worth their salt will charge you a minimum of one hour of their time.
Generally, yes. However, I would advise you to meet with a lawyer face to face so they can review your Chapter 13 file with you. Any lawyer worth... Read More

Can I use my car as a trade in for a new car my father will be purchasing for me in his name?

Answered 9 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
It really sounds like you want to do an end run around your Chapter 13 trustee, and that is not usually a good idea. If, and only if, your confirmation order specifies that the assets listed in your petition have their ownership VESTED back to you, this strategy could work. But if your confirmation order fails to contain this magic language, the truth is that you do not now own your car, and if you try to trade it in, it would be like a thief trying to sell a stolen vehicle. The best strategy is to always tell the trustee and come clean. Believe it or not, most Chapter 13 Trustees are reasonable and do know where you are coming from.... Read More
It really sounds like you want to do an end run around your Chapter 13 trustee, and that is not usually a good idea. If, and only if, your... Read More

If I tried to sue someone that has an auto mechanic business but file a bankruptcy, now she will open again his business, is this legal?

Answered 9 years ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Whether you can sue someone for a claim against a previous business depends on how the businesses are organized. If the old mechanic business was a sole proprietorship, you can't sue because your claim was discharged in the bankruptcy. If the old mechanic business was a corporation or an LLC and she declared bankruptcy personally, you generally can sue the new business.... Read More
Whether you can sue someone for a claim against a previous business depends on how the businesses are organized. If the old mechanic business was a... Read More

What happens if I cosign for a friend who filed bankruptcy after?

Answered 9 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Without looking at his court file, it is impossible to advise you. Unfortunately, any lawyer worth their salt will charge you for the consultation.
Without looking at his court file, it is impossible to advise you. Unfortunately, any lawyer worth their salt will charge you for the consultation.

If I have been paying 25% of my pay on a writ of garnishment, when I file my taxes will I be able to receive any tax credit?

Answered 9 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Garnishments are not tax deductible, so paying a garnishment will not reduce your taxes. Filing bankruptcy will eliminate the garnishment.
Garnishments are not tax deductible, so paying a garnishment will not reduce your taxes. Filing bankruptcy will eliminate the garnishment.

Can my son file for bankruptcy if he has 5 years to serve?

Answered 9 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can I file bankruptcy while on disability?

Answered 9 years and a month ago by attorney Stuart M. Nachbar   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, you can.
Yes, you can.

Can I file bankruptcy while on disability?

Answered 9 years and a month ago by Carl C. Silver (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can I file bankruptcy while on disability?

Answered 9 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can I file bankruptcy while on disability?

Answered 9 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Being on disability is not an impediment to filing bankruptcy. But there are a number of reasons why filing bankruptcy might not be a good idea for someone on bankruptcy, so do not make this decision without consulting with a very experienced bankruptcy attorney.
Being on disability is not an impediment to filing bankruptcy. But there are a number of reasons why filing bankruptcy might not be a good idea for... Read More

Can two different companies garnish you at the same time?

Answered 9 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Sometimes two different creditors will send garnishment paperwork to your employer at the same time, but state exemptions and labor laws limit the amount that can be taken to a maximum of 25%. Typically, the paperwork that arrived first will be the only one paid and the second one will have to lay in wait.... Read More
Sometimes two different creditors will send garnishment paperwork to your employer at the same time, but state exemptions and labor laws limit the... Read More
Bankruptcy
Wisconsin

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