Frequently Asked Questions

Bankruptcy

How fast does bankruptcy get rid of my debts?
You have probably been experiencing financial difficulty for a long while now and are concerned how long it would take for a bankruptcy to help. We can file bankruptcy protection for you as soon as a week after you contact us. After it is filed, a Chapter 7 bankruptcy takes about 3-4 months to receive a full discharge of debts. However, relief from debt collection starts the minute you file bankruptcy and your creditors have to immediately stop collecting all money owed. They have to stop sending collection letters and making harassing phone calls. They have to stop lawsuits and garnishments. They have to stop taking automatic payments from your bank account. They have to stop foreclosure on your house.

Is it hard to file bankruptcy?
Some people are afraid to file bankruptcy because they heard that the paperwork that needs to be filed is difficult and the process is overwhelming. We will take care of all of the paperwork for you and make it as easy as possible to file bankruptcy. We will guide you every step of the way. If you retain us to help you, we will let you know specifically what information and documents you need to provide. We will then prepare all of your bankruptcy paperwork and file it for you with the bankruptcy court. You will then attend a brief telephone hearing where a bankruptcy trustee asks you about your paperwork with one of our lawyers right there with you. After that, your debts will be gone!

How much will bankruptcy cost?
Our firm takes pride in the quality of our work and in our ability to keep our fees reasonable and competitive with other local bankruptcy firms. Fees can vary from case to case because each individual’s case is different in complexity based on the amount of assets, debts, and income involved. We know you are already struggling financially and we work with you to make bankruptcy as affordable as possible. Beware of bankruptcy attorneys who offer you free bankruptcy or zero-down bankruptcy. These offers are usually too good to be true and involve hidden costs that arise later in the process. We are up front and honest with all of our clients as to what their costs will be. We strive to offer our clients exceptional legal service for the best value possible.

Won’t everyone know if I file bankruptcy?
You may be concerned about who will find out about your bankruptcy if you file. “Will my friends and family find out?” is a common question. Most people don’t want their financial difficulties announced to the world. It is a common myth about bankruptcy is that everyone will find out – this is simply not true. Essentially, the only ones that get notified about your bankruptcy filing are your creditors so they know to delete your debts out of their accounts. Any required bankruptcy hearings are by telephone so nobody will ever see you in a courtroom. Bankruptcy is a federal legal process, so it won’t get listed in public state court records (like Wisconsin’s circuit court record system, or “CCAP,” as it is well known). The only ones who really access bankruptcy federal records are the creditors, bankruptcy lawyers, and judges who work in the system.

Can I stop collection agencies from contacting me?
Phone calls from creditors and collection agencies at all hours can be frustrating. When you file bankruptcy, all collection efforts must stop. It is illegal for creditors or collection agencies to contact you at all after you file bankruptcy. They can no longer send you bills or threatening collection letters. Those annoying phone calls will also stop. You will be able to answer your phone again!

My car is getting repossessed. Can bankruptcy help me?
It can be scary if you fall behind on your car payments. It can be even more scary if you receive notice that your car is going to be repossessed. “How will I get to work?” “How will I get my kids to school?” are common concerns. Everyone’s circumstances are different and we can help you determine how bankruptcy can help you with your car loan debt. In some cases, filing bankruptcy can allow you catch up with payments and keep your car and stop the repossession. In other cases, bankruptcy can help you get your car back after it has already been repossessed. Filing bankruptcy can also allow you to surrender your vehicle back to the creditor if you no longer want it and get rid of your obligation to pay anything.

When a car is repossessed, creditors can still demand that you pay the rest of the loan even when you no longer have the car. Creditors can sue you in court for the balance of the loan and get a deficiency judgment against you. Deficiency judgments can be significant up to $15,000 or more. Bankruptcy can completely wipe out your obligation to pay this balance, even if the creditor already went to court and obtained a deficiency judgment against you.

Can bankruptcy get rid of tax debts?
Tax bills can be overwhelming. Unfortunately, most of the time tax debt cannot be wiped away with bankrupcty. There are some limited circumstances where tax debt can be discharged depending on the type of tax debt and long you have owed it. For the tax debt that can’t be wiped out, a Chapter 13 repayment bankruptcy may be a good option for you to help you pay back the tax debt in small manageable monthly payments on your own terms. This can be particularly helpful if you are already getting garnished for unpaid taxes. We will analyze your specific tax debts to help you make the determination on what Chapter of bankruptcy might work best for you.

How do I declare bankruptcy?
“Declaring bankruptcy” is a term sometimes used for filing Chapter 7 bankruptcy. In essence, you are declaring bankruptcy to your creditors that you can no longer pay on the debts you owe. We make it as easy as possible for our clients to file Chapter 7 bankruptcy and get a fresh start. We will guide you every step of the way. Once you retain us, we will let you know specifically what information and documents you need to provide us. We will then prepare all of your bankruptcy paperwork and file it for you with the bankruptcy court. You will then attend a brief telephone hearing where a bankruptcy trustee asks you about your paperwork with one of our lawyers right there with you. After that, your debts will be gone!

Will I lose my possessions if I file bankruptcy?
You may be concerned that the bankruptcy court will take some of your property if you file bankruptcy. “Will I lose my house?” “Will I lose my car?” Everyone that files bankruptcy is allowed to keep all of their property up to a certain value. We will ensure that you will be able to keep all of your possessions. The property that most people own fall well under the allowed amounts, and a Chapter 7 bankruptcy makes sense. In some situations, people own more property than they are allowed to keep under the bankruptcy rules. In these cases, we may recommend a Chapter 13 repayment bankruptcy. We will carefully review your specific situation to determine what Chapter will work best for you.

How will bankruptcy affect my credit?
You may be concerned that you will never have good credit again if you file bankruptcy. “What happens to my credit score?” is a common question. Filing bankruptcy does not prevent you from ever borrowing money again. Many of our clients have obtained car loans and credit cards right after filing bankruptcy, although they may have had to temporarily pay higher interest rates. Many bankruptcy filers can rebuild their credit score and apply for low interest rates after a few short years. We will give you advice on how to rebuild your credit score as fast as possible after filing bankruptcy.

Can bankruptcy wipe out my students loans?
Unfortunately, filing bankruptcy does not get rid of student loans. Federal bankruptcy law establishes that student loans are not dischargeable unless the loans “impose an undue hardship” on you. However, there are some ways that bankruptcy can help you manage repayment of your student loans. We can analyze your situation to determine this. A Chapter 13 repayment bankruptcy can stop garnishments from student loans coming directly out of your paycheck.

Can I file a credit card bankruptcy?
A “credit card bankruptcy” is another term sometimes used for a Chapter 7 bankruptcy. A Chapter 7 bankruptcy will wipe out most of your unsecured debts. You can get rid of credit card bills in a Chapter 7 bankruptcy. Other bills that you can wipe out include medical bills, pay day loans, personal loans, bills in collections, and even judgments that have already been entered against you in court. This bankruptcy will get rid of these debts and give you and your family a fresh start.

Can I file a medical bill bankruptcy?
A sudden health emergency or chronic health issue can leave you trying to deal with a mountain of expensive medical bills. A “medical bill bankruptcy” is another term sometimes used for a Chapter 7 bankruptcy. You can get rid of your medical bills in a Chapter 7 bankruptcy. A Chapter 7 bankruptcy will also wipe out most of your other unsecured debts. Other bills that you can wipe out include credit cards, pay day loans, personal loans, bills in collections, and even judgments that have already been entered against you in court. This bankruptcy will get rid of these debts and give you and your family a fresh start.

Can I file a payday loan bankruptcy?
In times of need, people sometimes turn to high interest payday loans to help them get by. A “payday loan bankruptcy” is another term sometimes used for a Chapter 7 bankruptcy. You can get rid of your high interest payday loans in a Chapter 7 bankruptcy and get your whole paycheck back into your pocket. A Chapter 7 bankruptcy will also wipe out most of your other unsecured debts. Other bills that you can wipe out include credit cards, medical bills, personal loans, bills in collections, and even judgments that have already been entered against you in court. This bankruptcy will get rid of these debts and give you and your family a fresh start.

Can bills that are already in collections be included in bankruptcy?
Repeated calls at all hours of the day from collection agencies can be annoying and stressful. Most outstanding bills, even those in collections, are included in a Chapter 7 bankruptcy. If you owe a bill, even as low as $15, or as high as $15,000, this debt would be included in your bankruptcy. Not only are debts that are already in collections included in your bankruptcy, debts that have been already entered as court judgments against you are included. We will make sure all bills that qualify will be wiped out in your bankruptcy.

Can I wipe out money judgments entered against me in court?
Maybe you’ve been sued by one or more creditors that have obtained a money judgment against you. Some of the judgments may have been entered against you years ago, or maybe some judgments were entered more recently. You are afraid that creditors are getting ready to garnish your wages with these judgments, or maybe they already are garnishing your wages. No matter how old a court judgment is, a Chapter 7 bankruptcy will completely erase your obligation to pay it. A money judgment is treated the same as credit card bill, medical bill, or payday loan in a Chapter 7 bankruptcy. You get to wipe out all of these debts. Any garnishments related to the judgments are eliminated as well. We will do a thorough search of court records and make sure all judgments against you are wiped out in your bankruptcy.

Can bankruptcy stop foreclosure on my home?
Financial difficulties can arise that can cause homeowners to fall behind on their house payments. If too many house payments are missed, the mortgage lender may start foreclosure proceedings in court. Worrying about where you and your family are going to live if the bank takes your home is extremely stressful. If you are behind on payments and receive notice from your mortgage lender that they are going to foreclose on your home, we can help you file a Chapter 13 bankruptcy to stop the foreclosure and keep your home. Through a Chapter 13 repayment bankruptcy, you can start making your regular monthly mortgage payments again, and all of the missed payments will be combined to be paid back to the lender in equal small monthly installments over the next 3-5 years.

Does my spouse have to file bankrupcty with me?
Sometimes one spouse in a marriage is burdened with all or most of the debt. You can file bankruptcy with or without your spouse. If you choose to file an individual bankruptcy without your spouse, your spouse is named a “non-filing spouse” in the bankruptcy paperwork. Only your debts will be wiped out if you file alone, not your non-filing spouse’s debts. Some people choose to do this, but depending on the length of the marriage, it is usually in the best interest for both spouses to file a joint bankruptcy together to wipe out all of their debts. The fees to file bankruptcy are the same for one person as they are for a married couple. We can help you determine which bankruptcy filing works best for you and your spouse.

How do I file bankruptcy in Green Bay WI?
Bankruptcy is a federal legal process and can be filed anywhere in Wisconsin. We can help you file wherever you may live. We have helped hundreds of individuals and families file Chapter 7 and Chapter 13 bankruptcies in Green Bay and other communities throughout northeast Wisconsin. Our bankruptcy filings have included:
- Oconto bankruptcy
- Marinette bankruptcy
- Crivitz bankruptcy
- Manitowoc bankruptcy
- Shawano bankruptcy
- Manitowoc bankruptcy
- Appleton bankruptcy
- Oshkosh bankruptcy
- Kewaunee bankruptcy
- Algoma bankruptcy
- Sturgeon Bay bankruptcy

Divorce & Family Law

How long will my divorce take?
The exact timeline for a divorce is very difficult to determine. Every case is different. Wisconsin has a statutory 120 day waiting requirement after filing before a couple can get divorced. In circumstances where both spouses agree on every issue, a divorce can be completed in this 120-day timeframe (this is called an “uncontested divorce”). However, if the parties cannot agree on custody, property division or other matters, a divorce can take at least a year or more. If there are issues involving concealed or hidden assets, a divorce can take as long as several years.

How much will my divorce cost?
Our firm takes pride in the quality of our work and in our ability to keep our fees reasonable and competitive in northeast Wisconsin. Just as the length of a divorce is hard to predict, no attorney can predict what a contested divorce will cost because we never know what the other side is going to do. The cost is closely related to the time spent working on your case (divorce lawyers get paid on an hourly basis). We work hard to be as efficient as possible in moving your case to a conclusion. The best way of ensuring the case stays within a budget is by making sure that each client is properly attended to and communicated with throughout their case. Our experienced, compassionate, and (when needed) aggressive attorneys focus on the individual needs of each client. As a result, we will not be your least expensive option for a divorce lawyer nor will we be your most expensive. Instead, we strive to offer our clients exceptional legal service for the best value possible.

How much will an uncontested divorce cost?
An uncontested divorce is a divorce in which both spouses agree on all terms of the divorce relating to division of property and debts, child custody, child visitation, child support, alimony, and do not require the court to divide property or make a determination regarding custody, visitation and support. In an uncontested divorce, your attorney’s job is to take the terms of your verbal or written agreement and convert them into a legally binding document. We are not like most law firms that use a form, instead, we tailor each agreement to fit the specifics of each case while ensuring that your rights are protected. The cost of an uncontested divorce typically depends on the complexity of your case.

What if my spouse is hiding money, income, or assets?
Unfortunately, we are all too familiar with this problem, and it is far more common than most people realize. If your spouse has concealed assets, we will work with you to find hidden money, income or property using all means legally available. We have the ability to send subpoenas to employers, businesses, banks and close friends or relatives of a spouse; and when appropriate, we will work with forensic accountants, private investigators and other professionals to help trace and locate the hidden money, income or assets. However, one must always keep costs into account and make a cost/benefit analysis when it comes to finding hidden funds. For example, it does not make sense to spend $1000 to find $1000. Our firm will work with you to determine what degree of investigation is worthwhile in your particular case.

How will divorce affect my will or estate plan?
The impact will vary widely depending on the type of will or estate plan you have. We encourage all of our clients to address this issue immediately following (and sometimes during) the divorce process in order to protect themselves and their loved ones.

Do I have to pay all of the attorneys’ fees myself?
You may not have to pay for all the attorneys’ fees arising from your divorce. Under limited circumstances, Wisconsin courts permit “fee shifting,” a concept that allows a court to shift the payment of legal fees from one spouse to the other when one spouse is better able to pay for legal fees. We regularly investigate the feasibility of seeking fees and costs from the other spouse. Each case is different so please contact one of our attorneys for additional information.

Will an extramarital affair have an impact on my divorce?
For good or bad, Wisconsin is a “no-fault” divorce state, which means that Wisconsin courts will not consider whether a spouse is having an extramarital affair when it comes to the distribution of property. However, an affair can impact how child custody is determined. When an affair is part of the facts in a case, we work diligently with our clients to obtain child custody arrangements designed to protect the child’s physical and psychological wellbeing.

Will I lose everything to my spouse?
No, you will not lose everything to your spouse. Wisconsin courts will attempt to divide the property of both spouses equitably―or fairly―looking at numerous factors such as the potential earning power of each spouse, the length of the marriage, and the assets each spouse brought into the marriage. Our lawyers are skilled at preparing and presenting the evidence needed to protect our clients’ property interests.

How much will child support be?
Wisconsin has specific child support guidelines that get applied to each case depending on the amount of time the child/children spend with each parent. In a case where the child or children end up living with one parent the majority of the time, the parent with primary care responsibilities is entitled to a specific percentage of child support. In cases where the child or children live equally with both parents, a different formula is applied taking into account both parents’ incomes. Our firm will help you evaluate the child support requirements in your particular case.

Will alimony be awarded in my divorce case?
Maintenance, also known as alimony, can be a highly contentious issue in a divorce. This is one area of divorce law with wide-ranging results that calls for strong advocacy to get the best results. Courts consider many factors that affect the amount and length of a maintenance award. We will explain the relevant standards and guide you toward a fair resolution, taking into consideration your short and long terms goals.

What is the difference between legal and physical custody?
Legal custody is the decision-making responsibilities associated with a child’s education, health care, medical treatment and religious upbringing. Physical custody refers to where the child lives and who has responsibilities associated with daily childcare. In a joint custody situation, parents share legal and physical custody of a child.

How does the court determine who gets custody of our child?
Wisconsin child custody laws require courts to focus on “the best interest of the child” and not the best interest of the parents when deciding child custody. In determining a child’s best interests, the court will usually take into consideration factors indicative of the child’s physical, mental, and moral well-being. It will also consider what each parent wants, and what the child wants (if he or she is of sufficient age and capacity to form a preference.) In most cases, the court will try to order arrangements that are least disruptive to the child, and it will always try to protect the child from parental disputes.

Social Security Disability

What is SSDI – Social Security Disabilty Benefits?
Social Security Disability is a type of benefit available to those that are both disabled and have a qualifying work history.

What is SSI – Supplemental Security Income?
Supplemental Security Income is a type of benefit available to those that are both disabled and have limited resources and income. This is a benefit based on providing minimal financial assistance.

Am I disabled enough to apply for Social Security Disability Benefits?
Anyone can apply for Social Security Disability Benefits however not everyone is found to be disabled. If you are unable to work as a result of a mental or physical disability and your medical records reflect that you may be found disabled. The older you get, the more likely it is that you will be found disabled. It becomes easier for people to qualify at age 50, even easier at age 55, and even more likely at age 60 and above.

How do I apply for Social Security Disability or SSI benefits?
There are three ways you can apply for Social Security Disability benefits: by phone, in person at a local Social Security Office, or on the Internet. If you want to use the Internet to apply, go to ssa.gov/benefits/disability.

If you want to complete an application for SSI or Social Security disability by phone or in person, you can find your local office online at www.ssa.gov/locator/. You can call SSA at (800) 772-1213.

Be straightforward and truthful when giving the SSA the information that they as for. Do not exaggerate or minimize your disability.

Should I contact a lawyer to help me apply for Social Security Disability or SSI benefits?
You do not need the help of a lawyer to file the application. However, a lawyer may be beneficial in the application and appeal process.

I have been denied benefits, what do I do?
You have 60 days (plus five days for mailing) to appeal the decision. The denial letter will come with instructions on how you can appeal. The first appeal is called a request for reconsideration. If you are denied at the reconsideration stage the next step is to appeal for a hearing before an administrative law judge.

What is the biggest mistake people make when trying to get disability benefits?
Not filling out the initial application properly. While this can be completed without the assistance of a lawyer, one may be beneficial in ensuring the application is appropriately completed.

Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration and should I gather medical records and send them to SSA?
If your doctors are willing to write letters on your behalf or complete medical forms, this can be helpful. However, a doctor is not obligated and cannot be forced to do so.

When is the best time for a lawyer to get involved in my case?
Vann and Chamberlain believes that the earlier you choose to involve a lawyer, the better your outcome will be. This can be particularly beneficial at the initial application and reconsideration stages, as a lawyer will be building a case for your hearing

How much do you charge?
You are not charged a fee unless you are awarded benefits. The typical fee is 25% (one-quarter) of back benefits up to a maximum amount set by SSA, currently $6,000.00 (increasing to $7,200 in November 2022).

Frequently Asked Questions

Bankruptcy

Divorce & Family Law

Social Security Disability

Green Bay

Appleton

Practice Areas

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