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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 5
Do you have any Wisconsin Bankruptcy questions page 5 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

Can I purchase a new firearm while in a chapter 13 bankruptcy?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Should not be a problem unless you want to purchase the firearm on credit. You are prohibited from obtaining credit while in Chapter 13 unless you have trustee or court approval.
Should not be a problem unless you want to purchase the firearm on credit. You are prohibited from obtaining credit while in Chapter 13 unless you... Read More

Would I have been notified if my stay is invalid?

Answered 9 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Generally speaking if you're behind on your rent, the bankruptcy stay only works with landlords if you've taken special steps to make it apply. Ask your attorney, if you've done this. If you don't have an attorney, then you need to speak with a bankruptcy attorney to learn what you need to do (it depends on your circumstances) and whether it's a good idea for you or not. For example, if you're 6 months behind in your rent and owe the landlord $6,000 and your lease only has 2 months to go. It's probably not a good idea to pay the back rent, they're going to kick you out when the lease expires anyway.... Read More
Generally speaking if you're behind on your rent, the bankruptcy stay only works with landlords if you've taken special steps to make it apply. Ask... Read More

If my chapter 7 bankruptcy was discharged 2.5 years ago, can I have a property put in my name now?

Answered 9 years and 3 months ago by attorney Stuart M. Nachbar   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

If my chapter 7 bankruptcy was discharged 2.5 years ago, can I have a property put in my name now?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
All things being equal, and there being nothing extraordinary going on, you could have been given property 180 days after your bankruptcy was filed. You could have bought property the day after you filed bankruptcy assuming you disclosed the source of the money to the bankruptcy court.
All things being equal, and there being nothing extraordinary going on, you could have been given property 180 days after your bankruptcy was filed. ... Read More

If my chapter 7 bankruptcy was discharged 2.5 years ago, can I have a property put in my name now?

Answered 9 years and 3 months ago by Patrick William Currin (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

If my chapter 7 bankruptcy was discharged 2.5 years ago, can I have a property put in my name now?

Answered 9 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, You can have property in your name any time after a Chapter 7.
Yes, You can have property in your name any time after a Chapter 7.

If I file bankruptcy, will get married and petitioned by my husband to be, will it affect my petition to him?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Understand it is very hard to answer a question for someone who provides no background information or details. I am going to assume you are talking about an immigration petition. Bankruptcy lawyers do not generally know much about immigration cases. Although it has been more than 20 years since immigration was part of my practice of law, as long as you are able to show that you can support your husband and provide him with medical insurance to keep him from becoming a public charge, you having filed bankruptcy should not affect an otherwise good affidavit of support.... Read More
Understand it is very hard to answer a question for someone who provides no background information or details. I am going to assume you are talking... Read More

If I file bankruptcy, will get married and petitioned by my husband to be, will it affect my petition to him?

Answered 9 years and 3 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No, based on the info here.
No, based on the info here.

Since I am a renter, am I correct that I cannot claim the wildcard exemption so would be limited to an approximately $5,000 total on the cars?

Answered 9 years and 3 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Colorado has no "wild card" exemption. Anyway, meet with a lawyer face to face. Your problem is an easy issue to address.
Colorado has no "wild card" exemption. Anyway, meet with a lawyer face to face. Your problem is an easy issue to address.

Could I file chapter 7 or 13 to get my truck so I can get back and forth to work?

Answered 9 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Only Ch. 13 is certain to get it back, but it's normally too expensive to be practical just for 1 vehicle.
Only Ch. 13 is certain to get it back, but it's normally too expensive to be practical just for 1 vehicle.

What can I do if I filed for bankruptcy last year and I need my car refinanced?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Since you recently filed a bankruptcy, it is unlikely that you'll get a good deal on a refinancing.
Since you recently filed a bankruptcy, it is unlikely that you'll get a good deal on a refinancing.

Should I still pay a discharged debt that a creditor says that I still have to pay?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
No, in fact for the creditor to even attempt to collect from you is a violation of bankruptcy law. Could make you and an attorney some money by taking legal action.
No, in fact for the creditor to even attempt to collect from you is a violation of bankruptcy law. Could make you and an attorney some money by... Read More

How do I get New Life Programs of file chapter 7?

Answered 9 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You certainly have a number of serious problems. I'm not sure how a Chapter 7 would do you much good. It will not discharge fines or penalties imposed on you. It will not provide with counseling or therapy for your substance abuse problem. It will discharge most other kinds of debt. BUT based on your account of things, you are now apparently judgement-proof, meaning that no one can take any property away from you, since your earnings are almost certainly exempt, and you don't have much other property. I think you need a social worker much more than you need a lawyer-at least, based on your question. You probably can find free or low-cost services through your town or county government, and I'd encourage you to go to the town hall or some similar location and ask about addiction services. Fighting your way back could be hard, but it sounds like you are preparing yourself for it.... Read More
You certainly have a number of serious problems. I'm not sure how a Chapter 7 would do you much good. It will not discharge fines or penalties... Read More

If one has a significant increase in salary three years into a 5 year chapter 13 bankruptcy, can the amount owed to the creditors increase?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You betcha! That is why you should be submitting a new budget (Schedules I and J) before the Trustee gets wind of the income increase and demands all of the increased income.
You betcha! That is why you should be submitting a new budget (Schedules I and J) before the Trustee gets wind of the income increase and demands all... Read More

If you have a corporation with no assets and very little money, can you file bankruptcy on a workman's comp case if the company doesn't have insuran

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Generally speaking, yes.
Generally speaking, yes.

If you have a corporation with no assets and very little money, can you file bankruptcy on a workman's comp case if the company doesn't have insuran

Answered 9 years and 5 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Corporations are not eligible to discharge debts in any bankruptcy.
Corporations are not eligible to discharge debts in any bankruptcy.

In the event that your attorney does not fulfill his duty and causes irreparable harm due to misrepresentation, what are the potential remedies?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Sounds like a civics homework question. Read the textbook and answer yourself.
Sounds like a civics homework question. Read the textbook and answer yourself.

Can a mortgage not reaffirmed and not being reported as being paid count against your debt to income ratio?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Since you have no legal obligation to pay, the discharged mortgage should not count against your debt/income ratio.
Since you have no legal obligation to pay, the discharged mortgage should not count against your debt/income ratio.

How does one of the owners filing bankruptcy affect the other individual regarding the home?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   8 Answers   |  Legal Topics: Bankruptcy
If there is equity above the allowed homestead exemption for the person who filed the bankruptcy, then the court-appointed trustee can sell the home and pay the other owner his 50% share (or whatever his share is).
If there is equity above the allowed homestead exemption for the person who filed the bankruptcy, then the court-appointed trustee can sell the home... Read More

Where do I take a power of attorney form to be legalized after it has been notarized?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
There is no such process I am aware of. Generally the POA is self executing. Not sure what you are trying to accomplish. If it has to do with real estate, ask your Title Insurance Company for guidance.
There is no such process I am aware of. Generally the POA is self executing. Not sure what you are trying to accomplish. If it has to do with real... Read More

Is it true that the trustee only has 2 years to file claw back suits?

Answered 9 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Two years from the appointment of the trustee is the time limit that most people regard as applicable. Consult a skilled bankruptcy lawyer to see if there is a way of making the trustee either explain himself or take action.
Two years from the appointment of the trustee is the time limit that most people regard as applicable. Consult a skilled bankruptcy lawyer to see if... Read More

Can I keep my travel trailer if I declare it on the asset forms?

Answered 9 years and 5 months ago by attorney Marjorie A. Guymon   |   8 Answers   |  Legal Topics: Bankruptcy
You can keep it in a chapter 13 but must pay as a value over the life of your plan. In Nevada, you can clean and otherwise nonexempt asset. exempt up to a value of $1000.
You can keep it in a chapter 13 but must pay as a value over the life of your plan. In Nevada, you can clean and otherwise nonexempt asset. exempt... Read More

Can I keep my travel trailer if I declare it on the asset forms?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
There is no exemption (generally) for such an item. The creditors will need to be paid the $2,000 over the life of the plan, minus the cost associated with selling it.
There is no exemption (generally) for such an item. The creditors will need to be paid the $2,000 over the life of the plan, minus the cost... Read More

Can I keep my travel trailer if I declare it on the asset forms?

Answered 9 years and 5 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Chapter 7 is a liquidation of your assets. Chapter 13 is NOT a liquidation of assets. Instead, in Chapter 13, you must pay the value of any asset you own to the trustee over the term of the plan.
Chapter 7 is a liquidation of your assets. Chapter 13 is NOT a liquidation of assets. Instead, in Chapter 13, you must pay the value of any asset... Read More

If we filed Chapter 7 during the 1 week period between the court and eviction dates, will we be allowed to remain in the residence?

Answered 9 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
To avoid an eviction, you have to pay the back rent. So few people use bankruptcy to fight an eviction.
To avoid an eviction, you have to pay the back rent. So few people use bankruptcy to fight an eviction.
Bankruptcy
Wisconsin

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