Legal Question in Bankruptcy in Wisconsin

Financial difficulties. Bankruptcy, Chapter 128 consolidation?

Retired; Lost pention and savings to medical, college and etc. We have tried on our own to make it without success. We don't know which way to turn. I am recieving Social Security and my wife recieves Disability Social Securit. Our home is mortgaged and we have credit card debts. I have part time work at our church of 20 hours a week. I am 77 years of age and Bonnie , my wife, is 62 years young. Can you help us?

Gaylord Weidner


Asked on 6/19/12, 1:57 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Although a bankruptcy can get rid of debts, it does not solve the problem of having too little income to live. However, getting rid of debts can assist in freeing up more of your scarce retirement income for your living expenses, and it is therefore worthwhile for you to schedule a consultation with an experienced bankruptcy lawyer. Chapter 128, the WI state alternatives to a federal bankruptcy filing, when compared your bankruptcy rights guaranteed by the United States Constitution, provides relatively few benefits. For example, in chapter 128, no debts are forgiven or discharged. Instead,100% of the amount owed, plus interest and court costs, must be paid over a period of time, unlike chapter 7 bankruptcies where nothing needs to be paid in roughly 97% of all cases. And, unlike timely filed bankruptcies, chapter 128 proceedings also allow creditors to take judgments against you which can serve as liens against any real estate which you own in any WI county where the judgment is docketed, potentially clouding your real estate title even after the amount due is paid and potentially making refinancing or sale of your property much more difficult. You therefore owe it to yourself to immediately schedule a consultation with an experienced bankruptcy attorney. My comments here are for public educational purposes only and are not legal advice specifically tailored to your specific situation. You should therefore retain a lawyer in order to meet your legal needs, or at least schedule a private consultation with one. I am not your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw) or email me at [email protected] with further questions. Web forum answers may contain attorney advertising materials.

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Answered on 6/25/12, 2:32 pm


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