Legal Question in Bankruptcy in Wisconsin

A friend filed Chapter 13 Bankruptsy. His attorney failed to file an amended reconstruction and now his bankruptsy has been canceled. Can he still file Chapter 7 and keep his business even though he has arrears? If he filed Chapter 7 what is the probability of him keeping his business?


Asked on 12/16/11, 11:04 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Sorry, but I have never heard of an "amended construction" do I cannot answer any questions about it. What I can tell you is that those who are eligible for chapter 7 can convert their cases under chapter 13 to chapter 7 if they can no longer afford the payments, have lost the house that they were attempting to save, or for the numerous other reasons which can cause a chapter 13 reorganization plan to fail. In order to eligible for chapter 7, the debtor(s) cannot have filed a prior chapter 7 within the last 8 years or a chapter 13 within 4.5 years. Chapters 13�s are often used to save assets which would not be fully exempt in chapter 7 if, for example, their value exceeds the allowed exemption which the debtor is allowed for a given category of assets. WI exemption laws allow a $15,000 exemption for property used in a business including corporate stock and double that amount if the spouse is involved in the business. Depending upon its net value, your friend may therefore still be able to save his business in chapter 7. Obviously, he needs advice in great detail from an experienced bankruptcy lawyer, and may wish to consider changing lawyers it he was unhappy with the last one in the case which was dismissed. Attorney responses on this public website are intended only for public educational purposes rather than as legal advice for your specific situation. Responses to your questions therefore do not create an attorney client relationship between us and should not be relied upon for making any important decisions until they have been reconsidered by your private attorney. You are; however, welcome to contact my office in Racine to discuss any additional questions which you may have or to seek private advice intended for you alone. Answers on this website may also contain attorney advertising materials.

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Answered on 12/20/11, 5:02 am


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