Milwaukee Bankruptcy Lawyers

Burr Law | Est. 2004 | Elm Grove & Milwaukee

People making decisions about bankruptcy often feel like the deck is stacked against them. Bill collectors and debt holders are trained to make people think that the more money they owe, the less power they have. With 23 years of experience, Milwaukee bankruptcy lawyer Michael Burr and the experts at Burr Law Office know better. We have earned a reputation for being experienced advocates…a resource people can call on when they need help reclaiming their power and getting a fresh start in life.

Bankruptcy Lawyer Milwaukee

Milwaukee Bankruptcy Attorney
Michael Burr

Affordable monthly payment plans starting
with as little as $100 down

Bankruptcy & Debt Solutions

Chapter 7 bankruptcy is designed to get rid of your unsecured debt, such as medical bills, credit card bills, and garnishments, while protecting your personal property including your home and car. To be eligible for Chapter 7, you must have little or no disposable income available. Thus Chapter 7 bankruptcy is usually for lower-income earners, with few assets, who want to get rid of their debts and get a fresh start.

Learn more about Chapter 7 Bankruptcy

Chapter 13 bankruptcy allows you to keep all of your property. Unlike Chapter 7 bankruptcy, Chapter 13 is a reorganization bankruptcy designed for individuals with regular income who can pay back their debts through a monthly repayment plan over 3 to 5 years. This allows you to catch up on debts, such as missed car or mortgage payments, and child support payments.

Learn more about Chapter 13 Bankruptcy

Debt consolidation is a form of refinancing that allows you to take out a loan to pay off other debts. Depending on your circumstances, filing for a Chapter 7 or Chapter 13 bankruptcy may not be the best choice. At Burr Law Office, Attorney Michael Burr will personally help you determine the best option for your unique situation, which may be debt settlement, an alternative to filing for bankruptcy.

Learn more about Debt Consolidation

Schedule a FREE
Debt-Relief Consultation

Over 3500 families helped

Whether your financial issues arose because of unemployment, health issues, divorce, decrease of income, or other issues, bankruptcy will let you begin anew. Whether you’re from Waukesha, Brookfield, or Milwaukee, people from all types of backgrounds can find that their debt has become too great for them to handle. Because tough times are universal, bankruptcy has lost a great deal of the social stigma it used to carry. Instead, it is a financial tool so that you can once again have control of your life and finances. You can count on Milwaukee bankruptcy lawyers Michael Burr to help you through this process.

Best Bankruptcy Attorney in Milwaukee, WI

4.8 rating, based on 20 reviews
(as of 10/16/18)

FREQUENTLY ASKED BANKRUPTCY QUESTIONS

Is there a minimum debt amount to be able to file for bankruptcy?

No, there is no limit or amount set to be eligible to file.

Will bankruptcy eliminate all of my debt?

While bankruptcy can eliminate or help you manage the majority of your debt, certain types are not eligible for discharge under bankruptcy. These include: child support, alimony, certain taxes, debts you did not list on your original bankruptcy filing, fraudulent loans, student loans (though a court can discharge student loan debt if they decide it would cause “undue hardship”), and liens and mortgages (with certain exceptions).

What happens to my credit after bankruptcy?

Many of our clients have come to us with concerns about their credit following their filing for a bankruptcy. We assure you that you will still get credit after the discharge. The bankruptcy will be on your credit report for 10 years following the filing, but during that 10 years, you will still be able to do such things as buy a house, finance a car, or get a credit card. In fact, you will likely receive credit offers soon after your discharge. This is because you no longer have your debt, and therefore, your debt-to-income ratio has significantly improved. Credit card and finance companies will realize that, unlike before your bankruptcy filing, you will be able to pay them back.

Will I lose my home and car if I file for bankruptcy?

If your equity in a home or car is exempt in the state of Wisconsin, you will be able to keep your property if you file for bankruptcy. If they are not exempt, you can still keep your property if you agree to pay off the non-exempt amount in a Chapter 13 filing. One exception to these rules are if you used your mortgage to pay off other debts to creditors, or if you put your car up as collateral. Even if you file for bankruptcy, you are still responsible for making your payments on those debts. If you do not, the creditor can choose to sell that property. In certain cases, such as fraud on the part of the creditor, you may be able to challenge this type of debt in court.

The simple answer is: it’s complicated! To discuss your situation, give us a call today in you’re in the Milwaukee or Waukesha area.

Will I lose my job if I file for bankruptcy?

You don’t need to fear losing your job. It is against the law to discriminate against employees because they are a debtor filing for bankruptcy.

Will my utilities get shut off if I file for bankruptcy?

Public utilities like electric and water are not allowed to cut off your service if you file for bankruptcy. However, you are required to pay any bills that come up even after you’ve filed, and the companies may require a deposit for future bills.

Will my credit will plummet because of bankruptcy?

Your credit won’t fail. With that said, it will be affected. You may find it harder to build up credit after filing, but you will still receive offers. Milwaukee bankruptcy attorney Michael Burr will teach you the best ways to restore your credit, even a year after receiving your discharge.

How much does it cost to file for bankruptcy?

In the state of Wisconsin, the current cost of filing for Chapter 7 bankruptcy is $306 and Chapter 13 is $281. This cost is the same whether an individual or married couple files. If you are unable to pay this lump sum, the bankruptcy court may let you to pay in installments. Note: this is only the bankruptcy filing fee; there will be additional costs if you decide to hire a bankruptcy attorney.

Do I have to go to court if I file for bankruptcy?

In the majority of bankruptcy cases, you are only required to attend the meeting of creditors. This short meeting brings together the petitioner (you), the bankruptcy trustee, and invites all creditors (though they may not come). You will be asked questions about the case and your current financial situation.

How frequently can someone file bankruptcy in Milwaukee or Waukesha County?

Chapter 7 bankruptcy may be filed once every 8 years. However, you cannot receive a Chapter 13 discharge if you file your chapter 13 within 4 years of filing and subsequently receiving a chapter 7 discharge. You can still file the Chapter 13 receiving protection from creditors, but you will not receive a chapter 13 discharge in this situation.

How does bankruptcy affect my tax debt?

In some cases, tax debt is also eligible for discharge under a Chapter 7 or 13 bankruptcy filing. Those that cannot be discharged can instead become more manageable under a Chapter 13. Before being discharged, though, these criteria must be met:

  • The filing due date must be at least 3 years old
  • The tax return must have been filed at least 2 years previously
  • The tax assessment must be at least 240 days old
  • The tax return cannot have been fraudulent
  • The taxpayer cannot be guilty of tax evasion

If the tax debt is from an un-filed return, it will not be discharged.

Can I discharge student loan debt through bankruptcy?

In most cases, student loan debt does not qualify for a bankruptcy discharge. However, there are two exceptions:

  1. A student loan debt may be discharged if it is not granted by, funded in whole or in part by, insured, or guaranteed by a governmental or nonprofit organization.
  2. The payment of the student loan will cause “undue hardship” on the debtor. This is determined by the bankruptcy court.

Even if one of these exceptions is true for your debt, the discharge may not happen automatically. The filing of an adversary proceeding may be required to finally discharge this debt.

Can I file for bankruptcy as an individual if I am married?

Yes, it is possible to file as an individual even if you are married, but your spouse will still be responsible for any shared debts. If the couple does have shared debts, the bankruptcy filing may show up on the non-filing spouse’s credit report. If you file as a married couple, you will double your exemptions, but it makes sense to file as an individual in cases where one spouse carries most of the debt, or if one spouse has debts that are not dischargeable.

Can filing for bankruptcy help me get my driver’s license back?

If the only reason you lost your license is that you could not pay court-ordered damages resulting from an accident, bankruptcy will allow you to reclaim your driver’s license.

Will filing for bankruptcy affect those who have co-signed a loan with me?

Yes. If someone has co-signed a loan with you and you default on that loan, the co-signer may be responsible for paying back this debt.

Who will know that I filed for bankruptcy?

Bankruptcy records, like most court records, are public and available to anyone through the online PACER system. However, certain personal information will be kept sealed. This means that, if you do not want your friends or family to find out about your bankruptcy, you should be able to keep it to yourself.

Your creditors and co-debtors (if applicable) will be immediately notified when you file for bankruptcy. If you pay child support or alimony, your ex-spouse will be notified of your bankruptcy filing with recommendations for how to proceed if this monetary support stops. The major credit bureaus will be notified, and a bankruptcy filing will most likely appear on your credit report for 10 years. Your employer may also be notified of your bankruptcy filing if you fall behind on Chapter 13 payments and the bankruptcy trustee requests that your wages be withheld.

I’ve recently moved between districts or states. Where do I file for bankruptcy?

If you moved within the last 91 days, you must wait until you have lived in your new location for 91 days to file for bankruptcy in your new home state. If you have passed this 91 day threshold but have not yet lived in your current state for two years, you will file in your current state but apply exemptions from your previous home state for the 6-month period immediately preceding the two year period before you filed. Your homestead exemption may also be affected if you have not lived in your current state for the last two years.

I previously filed for Chapter 13 bankruptcy but cannot make my payment. What should I do?

The first step is to contact an experienced bankruptcy attorney. They can help you determine the best course of action if you cannot pay your Chapter 13 installment on time, or if your financial circumstances have changed. Solutions may include a promissory communication with the creditor that the payment will be made at a future date, or a formal modification of the payment plan. If you are unable to make future payments, the bankruptcy trustee for your case may request a dismissal or conversion of the case to a different chapter. No matter the solution, it is crucial that you work with a bankruptcy attorney.

How do I get a copy of a bankruptcy filing?

You can locate and access bankruptcy court documentation through the Public Access to Court Electronic Records (PACER) system, an online public access database. The PACER system is administered by the Federal Judiciary as part of their goal to centralize access to public court records.