What To Expect During A Free Consultation
During your free consultation we’ll go over the following:
During your free consultation we might need some specific information and documents from your bankruptcy case and we can usually access these documents from the court records during the call. So don’t worry if you can’t locate a copy of your bankruptcy discharge order or some other information from your case. Getting started with a free consultation is always the right decision.
Understanding What Happens When You File For Bankruptcy
Its hard to make decisions without a full understanding of the pros and cons of various options, not to mention the potential short- and long-term consequences. Thats particularly true of financial decisions, especially if youre contemplating bankruptcy. You need to know happens when you file bankruptcy to make a fully informed decision.
S In A Chapter 7 Bankruptcy
Step 1: File the petition
The Chapter 7 process begins when you file your petition for bankruptcy. In your petition, youll provide a full accounting of your financial status. And we do mean full right down to the money youve spent and the property youve purchased during the past two years. Youll need to include schedules of assets and liabilities, income and expenditures, contracts and unexpired leases. Youll also need to provide a statement of financial affairs.
If youre primarily looking to discharge consumer debt, youll also need to file evidence of having worked and developed a budget with a credit counselor.
The petition is then filed with the U.S. Bankruptcy Court serving your area of residence.
Step 2: Receive an automatic stay
Filing the petition gives you an immediate, automatic stay that stops most creditors from trying to collect the money you owe them. That means those creditors cant take you to court, repossess your car, cut off your services or garnish your wages. It also places everything you own and owe in the hands of the bankruptcy court, meaning you cant sell or give away anything acquired up to that point.
Step 3: A bankruptcy trustee is assigned
Step 4: Attend the creditors meeting, also known as a 341 hearing
All the creditors listed in your bankruptcy notice will also receive a meeting notice, though few are likely to appear. Those who attend may also ask questions.
Step 5: Property is liquidated
Step 6: Debt is discharged
You May Like: Can You Get A Personal Loan After Bankruptcy
Filing Chapter 13 In Wisconsin And Attending Court
Your bankruptcy lawyer files your bankruptcy forms and obtains a case number. The bankruptcy court schedules a First Meeting of Creditors and a Confirmation Hearing. In most cases, these are the only two hearings that most bankruptcy debtors attend. Your bankruptcy lawyer prepares you for the hearing and attends the hearings with you.
Once your Chapter 13 bankruptcy plan is confirmed, you continue to pay your Chapter 13 bankruptcy payments until your case is complete. If you have any problems or questions, you contact your Chapter 13 bankruptcy attorney immediately. Your attorney is there to direct and guide you so that you can complete your bankruptcy plan to get a fresh start, free from the debts that are weighing you down and preventing you from achieving your financial goals.
I Was Ordered To Pay For My Wifes Lawyer Fees Can I Wipe Them Out If I File For Bankruptcy
Divorce can be a war of attrition. The family court often requires the husband to pay the wifes counsel fees, which could be $10,000 or higher. This can definitely take a toll on someones morale and pocket.
Its common to hear about ex-husbands filing for bankruptcy after a divorce is over, and often the husband will list the wifes lawyer fees as a debt on his bankruptcy schedules. Consequently, lawyers fees as a dischargeable debt in bankruptcy become a big issue. The key question is whether the counsel fee debt is declared as a support obligation or property settlement claim.
The California Bankruptcy Court recently declared obligations to pay spousal support and attorney fees as non-dischargeable pursuant to 11 U.S.C. § 523. Van Aken v. Van Aken, 2005 Fed. App. 0001 .
If an ex-husband attempts to discharge a counsel fee award, it is imperative that the wife files an adversary proceeding with the Bankruptcy Court. This request calls for a Court hearing over the dispute, and the Court decides whether the counsel fee award is support and non-dischargeable. Likewise, the Bankruptcy Court could determine the counsel fee award was a form of equitable distribution that can be discharged. The Court could also order the payment terms be restructured. It is important to note that if a non-debtor spouse ignores a spouses bankruptcy filing, disastrous results could ensure. No objection typically means the debtor spouse will successfully discharge a counsel fee obligation.
Recommended Reading: How To File Bankruptcy In Maryland Yourself
What Is Debtor Education Bankruptcy North Carolina
Under the U.S. Bankruptcy Code, theres a requirement under bankruptcy law that debtors filing a voluntary petition for personal bankruptcy complete a debtor education course within 180 days of filing a petition. The debtor education course was a new requirement for how to file bankruptcy that was added to the bankruptcy law in the 2005 reforms of the Bankruptcy Code.
Is There An Income Limit For Chapter 7 Bankruptcy
To automatically qualify for Chapter 7, your disposable income must be below the median level for your state. That number varies from state-to-state. If your disposable income exceeds the median in your state, you still may be able to qualify through a means test that includes looking at your income and reasonable expenses to see if you can get that number under the median income for your state.
Don’t Miss: How Many Bankruptcies Has Donald Trump Filed
The Discharge Order After Your Bankruptcy Is Over
When you successfully complete your bankruptcy case the judge signs something referred to as your discharge order. This document is a literal court order sent to your creditors, instructing them to never collect on your discharged debts. While your bankruptcy lawyer probably explained to you that some debts are not discharged , all the rest of your debts are barred from future collection attempts.
If your former creditors or debt collectors bother you after your bankruptcy is completed, they are violating that court order prohibiting them from collecting from you. We also recommend you check your credit after receiving your discharge of debts your creditors cannot continue to report balances to your credit. A fresh start should really be a fresh start, and you are entitled to it. Call for a free consultation if your discharged debts are still attempting to collect from you.
What Is The Income Limit For Chapter 7 In Wisconsin
If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and dont have the option of filing Chapter 7.
Also Check: How Do You Claim Bankruptcy In Canada
How Miller & Miller Can Help You
- Create a firm from a very personal understanding of the complexity and emotions involved in financial issues
- Help clients get rid of debts from the past to allow for the fresh start they deserve
- Stop creditors from taking unfair advantage of our clients. End harassment immediately, pursue any Fair Debt Collection Practices cases clients may have
- Protect clients from other issues that often go along with financial hardship, including unlawful repossessions under the Wisconsin Consumer Act and unfair reporting under the Fair Credit Reporting Act
- Empower clients with the tools to raise post-filing credit scores to 720 or better so that future financial goals can be realized
- Find a way to help each and every client. No matter the circumstances.
Get StartedFree Case Evaluation Here
Back On Track How Bankruptcy can Revert the Financial Impact of COVID-19
Get these practical solutions and more:
- Dealing with the financial impact of COVID-19
- Putting crushing debt behind you so you can move forward
- Evaluating alternatives to filing bankruptcy
- Learning exactly how to get a 720 credit score and stronger financial future after bankruptcy
Corporations And Partnerships Must Have An Attorney To File A Bankruptcy Case
How to file bankruptcy without an attorney. The questionnaire is important because it allows the attorney to give you specific advice about your situation. To file for bankruptcy without an attorney, you must start by determining what chapter of bankruptcy to file. An attorney will do many things for you throughout your case.
Typically your home, one car, and personal property such as clothes, tools, and electronics are exempted. But a corporate entity or partnership may not appear in bankruptcy court without an attorney, and if a corporate entity or partnership attempts to file a bankruptcy case without an attorney, the case may be dismissed. Completion of these materials requires serious consideration and a minimal time commitment of about one hour before you meet with an attorney.
Featured in forbes 4x and funded by institutions like harvard university so we’ll never ask you for a credit card. Individuals can file bankruptcy without an attorney, which is called filing pro se. Most pro se debtors file chapter 7 bankruptcy, which requires you to sell any assets that aren’t exempted.
Why do people choose to file for bankruptcy without an attorney? With or without an attorney, there are four main ways you will file: Unlike a business bankruptcy, an individual debtor doesn’t need an attorney to file for bankruptcy relief.but it’s not always a good idea to do so.
Bankruptcy Chapter 7 Petition Preparation under 399.00
Sample Bankruptcy Voluntary Dismissal Form Bankruptcy
Breakdown Of Wisconsin Bankruptcy Costs
Note: the cost of declaring bankruptcy is the same for married couples as it is for single individuals when you file with Wynn at Law, LLC.
How Hard Is It To File For Bankruptcy On Your Own
You will at least need an understanding of the legal issues before filing the bankruptcy petition. How hard a case will be will also depend on other factors including :
- The type of bankruptcy
- How complicated your case is
- Your current financial situation
- Whether you have other obligations like student loans, car loans, child support, and alimony
Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.
Recommended Reading: Fizzics Beer Net Worth
Filing For Chapter 13 Bankruptcy Wisconsin Process
The process to file Chapter 13 bankruptcy is similar across the state. So, a Chapter 13 bankruptcy in Milwaukee may be similar to Madison. We will cover the decision to file Chapter 13 bankruptcy, locating a Chapter 13 bankruptcy attorney, credit counseling and debtor education course requirements, completing your bankruptcy forms, and filing your Chapter 13 bankruptcy petition.
If I File For Bankruptcy Will I Lose My Home
It is possible to lose your home after filing for bankruptcy however, it will largely depend on the chapter you file, your loan status, and the exemptions you choose. Those who file for Chapter 13 bankruptcy will not lose their home if they stay current on their payments.
In Chapter 7 bankruptcy, chances of losing your home are higher. Since the court-appointed trustee has control over your assets, he may decide to liquidate non-exempt homestead property to pay back creditors. If your home has no equity or a homestead exemption covers all the equity in your home, then the trustee will most likely not choose to sell your home.
It is recommended that you speak with a bankruptcy attorney who can evaluate your options, if you want to keep your home.
Also Check: How Many Bankruptcies Has Donald Trump Filed
Your Advocate When Your Spouse Files For Bankruptcy During Divorce
You are in the process of divorce and your spouse has decided to file bankruptcy without you. What do you do? The legal and practical effect of a so-called single spouse filing on the non filing spouse can be devastating. You need smart and honest guidance. That is what we provide at Lanser Law Office in Waukesha, Wisconsin.
If your spouse made a decision to file bankruptcy during your divorce, you need to get to the facts. We will be at your side throughout the process and attempt to minimize any damage to you. Contact an attorney at our firm online or call .
Getting A Lawyer To Help You With Your Bankruptcy
Bankruptcy is a specialized area of law that is very complex. And the issues are not always apparent or simple. The bankruptcy laws changed in October 2005 to discourage many people from filing for bankruptcy. So the law became more complicated. And there are more situations where a mistake can result in your case getting dismissed. If your case is dismissed, the bankruptcy court often imposes a penalty of 180 days before you can refile, and in this time period a lot can happen. This is why it is so important to have a lawyer advise you and help you with your bankruptcy.
Find a lawyer who can help you work through the issues, alternatives you may have, and consequences of your choices.
- Pick a lawyer with whom you are comfortable, one who will allow you to ask questions and give you responses that you can understand.
- Pick a lawyer who either specializes in bankruptcy or does a large part of his or her practice in the field.
- Ask questions until you understand what your choices are.
- Dont be afraid to interview a lawyer and leave without hiring him or her.
If you decide to represent yourself in bankruptcy court, read a guide for Filing for Bankruptcy Without an Attorney.
To find a good bankruptcy lawyer:
- Check state bar groups and specialization/certification programs for bankruptcy lawyers in your community.
- Ask other lawyers or tax preparers you know for recommendations.
Recommended Reading: Can You Rent An Apartment After Filing For Bankruptcy
Filing For Bankruptcy In Alberta
Filing for bankruptcy in Alberta is something many Canadians think they have to undergo. Although the recent economic downturn exacerbated the problem of debtors being unable to pay their debts, the truth of the matter is that there are always people in Canada who find themselves in over their heads when it comes to what they owe their creditors. From mortgages to student loans to credit cards, some residents find themselves in a situation they never anticipatedthey cannot keep up with their bills.
Average consumer debt levels in Alberta are the highest in the country with Calgary and Edmonton leading the way. Non-mortgage consumer debt in Alberta hit $29,117 in Q1 of 2019, an increase of 3.4% from 2018. Because of these high-debt loads, bankruptcies in the province are up 13.5% over 2018 with Alberta the only other province to see a significant increase in the rate of bankruptcies.
Read Also: What Is Epiq Bankruptcy Solutions Llc
Wisconsin Bankruptcy Process How To File Bankruptcy In Wisconsin
2005 Bankruptcy Act Credit Counseling The 2005 Bankruptcy Act requires all individual debtors who file bankruptcy on or after October 17, 2005, to undergo credit counseling within six months before filing for bankruptcy relief and to complete a financial management instructional course after filing bankruptcy.
2005 Bankruptcy Act Means TestUnder the 2005 Bankruptcy Act your income and expenses will be analyzed to determine if you qualify to file a Chapter 7 or if you must file Chapter 13. To apply the means test, the courts will look at the your average income for the 6 months prior to filing and compare it to the median income for Wisconsin. If the income is below the median, then you may choose Chapter 7. If your income exceeds the median, the remaining parts of the means test will be applied to determine if you can file Chapter 7 or if you must file Chapter 13.
Gathering PaperworkTo begin the bankruptcy process you must itemize your current income sources major financial transactions for the last two years monthly living expenses debts and property . You should also collect your tax returns for the last two years, deeds to any real estate you own, your car titles, and the documents for any loans you may have.
The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived.
Also Check: How Many Bankruptcies Has Trump Had
Should I Pursue A Chapter 13 Bankruptcy Case In Wisconsin
In short, deciding to file a Chapter 13 bankruptcy case in Wisconsin can be overwhelming. Before you file bankruptcy, you may want to estimate your Chapter 13 plan payment that you can compare against your current monthly debt obligations. You can compare that plan payment estimate to your Chapter 13 bankruptcy alternatives below.