Legal Question in Bankruptcy in Wisconsin

My husband and I filed bankruptcy in Wisconsin Eastern district in July of 2009 and it was not finalized and we added our landlord after moving out of the house and he filed a small claim with the courts and when I went to the court date to prove that he was in the discharge papers the judge made a continuance coming up in 21 days to make a decision. He basically said that I couldn't put my landlord on it after the fact of moving out of the home. It was unpaid rent and also unpaid water bills. I plan on hiring an attorney but just wanted to get some answers on this . Please answer so I can stop freaking out please. Thank You so very much for your time.


Asked on 1/28/10, 2:33 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If your bankruptcy case was filed after you moved out and the landlord was added as a creditor, this debt should be discharged, so your first move should probably be to consult with an experienced bankruptcy lawyer. Your lawyer can move to have the landlord held in contempt of court for violating your bankruptcy discharge, which will normally end collection activities like you describe. A simple letter from the lawyer may be enough, and that should not cost you very much at all. Failing all this, collection activity on a judgment of this type is normally frozen during a chapter 13 bankruptcy, as long as at least six months has passed since your chapter 7 discharge, so you also have an option to refile. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout the state of WI. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 2/06/10, 6:08 am


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