Wisconsin Bankruptcy Legal Questions

If the debt collector's statement is not accurate (and it sounds like it is not accurate) you can write each of the three credit reporting agencies, tell them of the error, tell them where they can get complete and accurate information( e.g. the bankruptcy court) and insist they correct the report(s). I think they have to take action within 60 days-but don't count on it. Even if they do correct it, double-check your credit reports two or three months later to be sure it is still accurate: sometimes the errors return.... Read More

No reason why you cannot claim your motorbike as an exempt vehicle if you have equity in it. If you do not have any equity in the motorbike, the bankruptcy system will have no interest in this asset. Either way, you want to keep, you gotta pay, and in addition to paying, you probably have to sign a reaffirmation with the lender.... Read More

The US government and many state governments are allowed to attach some or all of an SSA benefit from the source, the US Treasury. I have seen it happen for taxes, SBA loans, FDA loans, unemployment over payment, child support, and other debts owed to the government. Some folks have to learn the hard way.... Read More

Some collection attorneys never file lawsuits, some file them automatically. The first issue is whether a lawsuit is worthwhile. If the debt is less than $1,000 or so, few attorneys will bother to file a lawsuit. Second issue, is can they collect. If you own a house and/or make more than $30,000 a year the attorney has a good chance of collecting. Once a lawsuit is filed, it takes at least 3 months to get a judgment, more if you file an answer.... Read More

The bankruptcy petition requires both your physical address and your mailing address (if different - for example, with a PO Box) so filing with only your PO Box isn't an option. The procedure where a home address is sensitive information is to file with only the city and state then immediately file a motion for seal records explaining the unusual circumstances which require that your home address be kept confidential. You should realize that your creditors be notified of your home address but your creditors probably already know your home address. There is a presumption that the public has a right to public records like court filings, but it strikes me that both being an assault survivor and in a profession subject to attack you have a good chance of convincing the judge to seal your home address from the record.... Read More

I am not sure I understand the question. You had a car loan, but the car was totaled. You owed a deficiency, but filed a Chapter 7 BK. Assuming those are the facts, and assuming no other unusual facts exist, you would be relieved of the obligation to pay the car lien holder the deficiency. I'm surprised your BK attorney has not addressed your concerns with you.... Read More