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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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about 2 years ago i had a heart attack due to stress from my

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about 2 years ago i had a heart attack due to stress from my divorce , was hospitalized for a week , was off work for 6 weeks , got behind on all my bills , now my paychecks are being garnished for medical bills and credit card bills , they are takeing 25% , the amounts are piling up , at this rate it will take me 5+ years to pay off , what options do i have

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :


Hello,


 


My name isXXXXX shall strive to provide you with legal information. My answers are information only and do not form an attorney/client relationship.


 


If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. When we are done, please take a moment to click the rating tab to rate my work. My goal is EXCELLENT and I hope your rating reflects that.

FiveStarLaw :

Please tell me what state you reside in

Customer:

state of Wisconsin

FiveStarLaw :


You may want to consider a chapter 7 bankruptcy. It would immediately stopped the garnishment and allow you a fresh financial start. I will explain.



As an individual, there are two types of bankruptcy available.


 


A Chapter 7 bankruptcy could discharge (erase) all of your unsecured debt such as credit cards, judgments and personal loans. It would be an opportunity for a fresh financial start. However, you may have to surrender assets, if any, that exceed your exemption.


 


A Chapter 13 bankruptcy is a repayment plan for an individual. It may require that you repay some of your unsecured credit card debt over a 3 -5 year period. However, you may retain assets that exceed your exemption.



Here are the exemptions for Wisconsin:
http://www.bankruptcyinformation.com/wi_exemp.htm


 

FiveStarLaw :

Have I fully answered your question or can I assist you further?

Customer:

can i file a bankruptcy claim myself or is an attorney required

FiveStarLaw :

You may legally file a chapter 7 bankruptcy without an attorney

FiveStarLaw :

That said, it is advisable to retain counsel as bankruptcy can be complex

FiveStarLaw :

typically the total costs would be about $1500

Customer:

in the courts for attemting to colect this debt , the courts determined that the ex wife was liable for 50% of this debt because the divorce was not finalized yet , how do i get her to pay her 1/2


 

Customer:

we are talking about co-payment

FiveStarLaw :

 


You may consider bringing a contempt action to compel your ex to adhere to the order and bring the payment current.



Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how she has violated them.



You can typically pick the forms up at the clerk of the court's office and file them yourself.


 

FiveStarLaw :

have I answered your question

Customer:

could you email me this info so that i can get proper forms

FiveStarLaw :

After you rate my service the system automatically sends a copy of the conversation to your e-mail

Customer:

ok , thank you

Ellen and 2 other Bankruptcy Law Specialists are ready to help you

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