Best Bankruptcy Attorneys in Waukesha

Frequently Asked Questions

• Where do I file for bankruptcy in Waukesha, Wisconsin?

  Waukesha residents can file their bankruptcy cases with the United States Bankruptcy Court for the Eastern District of Wisconsin. The specific location for filing bankruptcy in Waukesha is the United States Bankruptcy Court, Eastern District of Wisconsin, 517 E. Wisconsin Avenue, Milwaukee, WI 53202.

• Where can I get bankruptcy forms in Waukesha, Wisconsin?

  Waukesha residents can obtain bankruptcy forms from the United States Bankruptcy Court's website for the Eastern District of Wisconsin at https://www.uscourts.gov/forms/bankruptcy-forms. The court provides a section dedicated to bankruptcy forms that can be downloaded directly from its website.

• What steps must Waukesha debtors follow to file for Chapter 7 bankruptcy?

  Prior to filing for Chapter 7 bankruptcy, Waukesha debtors are required to complete a court-approved credit counseling course. This can be undertaken either over the phone, online, or in person. In addition, they need to submit petitions, schedules, and a statement detailing their financial affairs to the bankruptcy court. The next stage involves attending a 341 meeting with a court-appointed trustee. Following the conclusion of this meeting, debtors will be granted a discharge, resulting in the elimination of their debts.

• Which factors determine if a Waukesha resident’s tax debt can be discharged?

  The dischargeability of a Waukesha resident's tax debt depends on several factors, including the type of tax owed, the age of the tax debt, and the specific chapter of bankruptcy chosen. Chapter 13 bankruptcy, for instance, allows for the repayment of non-dischargeable tax debt through a practical payment plan. Experienced tax liability attorneys can determine whether a tax debt can be discharged in a bankruptcy proceeding.

• In Waukesha, is it possible to pay off debts not dischargeable in Chapter 7 through a repayment plan under Chapter 13?

  Yes, Chapter 13 bankruptcy helps residents of Waukesha resolve tax debts, student loans, and court-ordered payments that cannot be discharged under Chapter 7. Furthermore, Chapter 13 initiates an automatic stay that protects debtors from creditor actions. It also enables debtors to consolidate their debts into a single, affordable monthly payment. This gives them three to five years to fulfill their debt consolidation plan on a monthly basis.

• Aside from filing for bankruptcy, are there other alternatives for Waukesha residents to address consumer debts and prevent further accumulation of interest on unpaid balances?

  Yes, Waukesha residents have access to a lesser-known alternative to bankruptcy called the Wisconsin Chapter 128 repayment plan. This serves as a means to prevent the accumulation of additional interest on outstanding balances. A court-approved three-year repayment plan can prevent interest accrual on a credit card debt caused by late payments.

• How long does bankruptcy take in Waukesha and the rest of Wisconsin?

  In Waukesha and throughout the state, a typical Chapter 7 bankruptcy process generally spans approximately four and a half months from initiation to completion. During this period, debtors typically make a single court appearance. However, if a creditor raises objections or the trustee discovers assets that require administration, the case may extend beyond this timeframe, although such instances are uncommon. Meanwhile, Chapter 13 bankruptcies, which involve payment plans, typically last three to five years.