|
|
Milwaukee Bankruptcy Attorney | Bankruptcy Law Office of Richard A. Check | Wisconsin
|
|
The Bankruptcy Law Office of Richard A. Check, S.C. was started in 1998 by Richard A. Check to fill the need in Southeastern Wisconsin of a quality law firm working exclusively
in the area of Bankruptcy Law. With the strong demand for superior service and quality legal work, we have expanded to a total of seven locations within the area. We have offices in Milwaukee,
Racine, Fond du Lac, Manitowoc, West Bend, Oshkosh and Sheboygan Wisconsin, all focusing in personal and business bankruptcies. We have five attorneys and a fantastic support staff that is able to
give our clients the special attention demanded during this difficult period in our clients' lives. When you come into our firm, you are immediately among friends. Since all we do is Bankruptcy Law,
we are able to quickly determine your circumstances and are able to give good financial advice that you can count on, we explain the options available and develop a solution geared to each individual
client whether you are an individual or a business. Our goal is to help you get into a position where you can... once again... look with hope to the future, sleep peacefully and not worry about bills.
 |
|
|
Chapter 13 offers individual debtors an alternative to the Chapter 7 liquidation process by allowing them to repay a portion of their debts over an extended period of time.
Chapter 13 is available to virtually any individual debtor who has access to regular income. This includes a debtor whose income comes from farming, pensions, welfare, or investments.
Only individual debtors can use Chapter 13. Corporations, partnerships, and other artificial entities are ineligible for Chapter 13 relief.
A Chapter 13 debtor must also
have income regular enough to fund a Chapter 13 plan. However, if a husband and wife file a joint Chapter 13 petition, only one of them need have regular income. A Chapter 13, like a
Chapter 7, also begins with the filing of a voluntary bankruptcy petition. The filing of a Chapter 13 petition not only automatically stops creditor actions against the debtor and the
debtorÃs property, it also stops actions against individuals whom the Chapter 13 debtor persuaded to co-sign for his or her debts.
Although there is a trustee in every
Chapter 13 case, Chapter 13 differs radically from Chapter 7 in how the property of the estate is administered. The debtor remains in possession and control of that property throughout the
Chapter 13 case without interference from the trustee. If the debtor is in business, the debtor can continue to operate that business during the course of the Chapter 13 case. |
Chapter 7 is a basic liquidation proceeding. It is sometimes called straight bankruptcy or ordinary bankruptcy. Virtually any kind of entity other than a government unit, a bank,
insurance company or a railroad can use Chapter 7. A Chapter 7 proceeding is begun by the filing of a document called a bankruptcy petition, an Interim Trustee is appointed.
The Trustee's job is to determine if there are any assets available for the benefits of the creditors that are not protected by the exemption law. An exemption is a privilege provided
for by law which allows a debtor to keep certain property. Exemptions were created in order to provide debtors with the basic essentials needed to help them with their fresh start.
Chapter 7 offers several benefits to a debtor who is an individual. It allows an individual the means to a discharge or eliminate all of their unpaid debts, unless statutory grounds
exist denying the debtor that discharge. While the scope of a Chapter 7 is not unlimited, it is usually broad enough to give an individual debtor the opportunity to get back on his or her feet. |
Locations in : Milwaukee, Racine, Sheboygan, Fond Du Lac, West Bend, Oshkosh, Manitowoc
|
 Contact Us
Bankruptcy Law Blog Live Feed
|
