Legal Question in Real Estate Law in Wisconsin

I live in Walworth County Wisconsin and my house is foreclosed. On Dec. 22nd it goes before the judge to sign for the writ of assistance. Can I respond to the writ before or after since I have no job (yet) or place to live?

The you for your help

Cheryl


Asked on 12/04/09, 12:38 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Your case sounds as though it is very late in the foreclosure process. However, a chapter 13 bankruptcy filed at any time prior to confirmation of the sheriff's sale will stop a foreclosure, at least temporarily, and can stop it permanently if you are able to resume your normal payments and catch up the past due payments over the next five years (along with smaller court ordered amount to cover the fees for your attorney and a small amount to your unsecured creditors). Regrettably, however, it seems as though this may not work for you since you do not appear to have an income. Even without a job, a chapter 7 case will discharge most if not all of your unsecured debts such as credit cards and medical bills, so that is a possibility for you, but it may be premature right now. While unemployed and without any income or significant assets, there is very little that creditors can do you until you again have a paycheck which they can seize via a wage garnishment or any other valuable asset which they can sell in order to pay your debts. Once you are re-employed, however, these problems can all be easily prevented via a chapter 7 or chapter 13 filing. Regardless, I would recommend that you immediately seek out a free initial consultation with one of the hundreds of local bankruptcy lawyers who offer them. Elkhorn County bankruptcies are heard in the same location and at the same time as those from Kenosha or Racine (my location) counties, so it would be logical to begin your search for legal advice in one of those three locations. Other than advising you to immediately consult a lawyer, my comments here do not constitute legal advice and do not create an attorney/client relationship between us. However, you are more than welcome to contact me via my direct email address posted here or by phone in order to discuss arrangements for me to possibly accept your case for full representation.

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Answered on 12/09/09, 3:31 pm


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