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daylight bankruptcy law

Questions and answers

The questions people are nervous to ask

Asked at almost every consultation, answered in plain words. General information only: your own situation deserves a real conversation, and that one is free.

Getting started

Is the consultation really free?

Yes. It is 45 minutes (60 for business owners), in our office, by phone or by video. There is no charge and no obligation, and you will leave knowing your options.

Will you judge me for being in debt?

No. Most of the people we help got here through a job loss, medical bills, a divorce or a business that did not work out. Our job is to look at the numbers with you, not at you.

What should I bring?

Whatever you have: recent pay stubs, your last two tax returns, a stack or list of bills, mortgage or car loan statements, and any court papers. If you do not have everything, come anyway.

Do I need a lawyer to file?

You can file on your own, but mistakes can cost you property or even the discharge. A lawyer checks exemptions, timing and the means test before anything is filed.

Chapter 7 and Chapter 13

What is the difference between Chapter 7 and Chapter 13?

Chapter 7 is a fresh start that usually takes about four months and clears many unsecured debts. Chapter 13 is a three to five year repayment plan that can help you catch up on a house or car and keep property.

What is the means test?

It is how the law decides whether you can use Chapter 7. It first compares your average income from the last six months to the Wisconsin median for your household size. If you are above it, a second step looks at allowed expenses.

How long does it take?

A typical Chapter 7 takes about four months from filing to discharge. A Chapter 13 plan lasts three to five years. Your timeline depends on your case and the court's calendar.

Will I have to go to court?

Usually only to one short meeting with the trustee, often held by video. In a simple case you may never see a judge. We prepare you and attend with you.

Your home, car and paycheck

Will I lose my house?

It depends on how much equity you have and whether you are current on the mortgage. Exemptions protect a set amount of equity, and Chapter 13 can spread out missed payments. We check this before you file.

Can I keep my car?

Often, yes. If the car is protected by an exemption and you keep up the payments, most people keep it. If you are behind, Chapter 13 can help you catch up.

Does filing stop collection calls and lawsuits?

Filing starts the automatic stay, which generally stops most collection calls, lawsuits, garnishments and foreclosure sales while your case is open. There are some exceptions, such as support.

Will my employer find out?

Usually not, unless a garnishment has to be stopped. Bankruptcy filings are public records, but few people look. Federal law generally bars an employer from firing you only because you filed.

Fees and paying

How much does it cost?

Chapter 7 starts at $1,250 and Chapter 13 at $4,500, plus the court filing fee. Your exact fee is in writing after the free consultation, and it does not change unless the case changes.

Can I pay over time?

Yes. For Chapter 7, you can pay in up to five monthly payments before we file. For Chapter 13, as little as $500 is due before filing, and the rest is paid through your plan as the court approves.

What if I cannot afford the court fee?

The court can let you pay the filing fee in installments. For Chapter 7, it can waive the fee if your household income is below a set level. We help you ask.

Credit and life after

What happens to my credit?

Your score usually drops at first, and a filing can stay on your credit report for 7 to 10 years. Many people start rebuilding soon after the discharge, and we give every client a simple rebuilding checklist.

Can I rent or buy a home later?

Yes, many people do. Mortgage programs have waiting periods after a bankruptcy, often around two to four years. Landlords look at your whole situation, including your income since.

Can I file again in the future?

There are time limits. For example, you generally must wait 8 years between Chapter 7 discharges. Other combinations have their own limits, which we explain if they apply.

Didn't see your question?

Call, text or book a time. There are no silly questions here, only ones that haven't been asked yet.

Free consultation

Ready to talk it through? It's free, and there's no judgement here.

A 45-minute consultation in our office, by phone or by video. You'll leave knowing your options, the likely cost and the next step, even if that step is not bankruptcy.

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