Wisconsin Bankruptcy Legal Questions

It depends on what you need and what you expect. There are cheap bankruptcy attorneys that will give you a stack of paperwork to complete, type the petition, file it, and some attorney will show up in court to represent you. No one will ever answer your questions or if the young person answering the phone does provide answers, you have no way to know if the answers are correct. If there is a problem that was caused because no one was looking at your paperwork very carefully, you pay to correct the mistake. There can be lots of mistakes and making the corrections will add up. Or you can pay more to an attorney that has a good reputation, helps you provide information by going over the required questions in person, answers your questions and actually represents you at your courthouse meeting. If price is your only consideration in hiring any professional, prepare to learn the hard way.... Read More

It sounds like you may be eligible for a modification of your Chapter 13 plan due to the destruction of your vehicle and property but I don't have enough information to tell if you're eligible for a hardship discharge. Usually, your automobile and homeowners/renters insurance will pay for most items lost in a flood.... Read More

When you filed the bankruptcy, didn't you review and sign the documents? How did you overlook that the out of state house wasn't on it? A mortgage and a $1,000 a month extra payment is kind of a big deal. Since the plan is confirmed, you need to do a modification. I advise you hire another attorney, one that regularly does chapter 13s.... Read More

That means the lender has decided foreclosure will not be an option in attempting to collect the debt. As a result, it will likely file a Release of Mortgage with the county recorder and the mortgage will no longer encumber your property. That does not mean they are forgiving the debt. But if they do, you may receive a 1099C and you will have to declare as income the forgiven amount. However, the debt can be discharged in bankruptcy with no tax consequences.... Read More

If the plan which was confirmed was based on correct income and expense numbers, I don't understand why you would need to modify. In any case, income taxes are an estimate (most people either get a refund or owe something when they file). It sounds like your attorney hasn't been able to clearly explain what is going on here. DO NOT CONSENT TO ANY MODIFICATION, UNTIL YOU UNDERSTAND THE REASON FOR THE MODIFICATION, including the numbers.... Read More

Although you say you voluntarily returned a vehicle in your Chapter 7, what you are describing is only signing a statement saying you INTENDED to return the vehicle, which is not the same thing at all. Returning a vehicle means you drove the vehicle to the lender?s place of business and turned in the keys to a responsible person. If you failed to take these steps, you need to understand that once your bankruptcy is filed, any debts you make afterwards are yours to pay.... Read More

You need to file a motion to modify your plan. As to your problem with your attorney, look at your contact, to check what you hired him for. Did you hire him just to file the Chapter 13 and get it confirmed? Or did you hire him to represent you for the life of the plan? Obviously, if you only hired him through getting the plan confirmed, he has no further obligation to work with you. But if you hired him through the life of the plan, send a letter to the bar disciplinary counsel and the local US trustee's office, explaining that he is now refusing to do the work he was hired for.... Read More