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CHAPTER 7 & 13 BANKRUPTCY

During these tough economic times, many people in Green Bay, Wisconsin are finding it difficult to pay debts owed to their creditors.

There are often a variety of reasons why people seek bankruptcy relief.  Usually it is due to some change in their circumstances such as an unexpected loss of job which causes a loss in income or health related concerns which causes substantial medical bills.  Either way, the bankruptcy code was established for people in those type of situations to enable them to recover from such hardships and move forward with their lives with debt relief.

Individuals who file for bankruptcy relief typically file either a Chapter 7 or 13 bankruptcy case.   There are substantial differences between the two types of bankruptcy cases.

CHAPTER 7 BANKRUPTCY
A Chapter 7 bankruptcy action is typically referred to as a liquidation bankruptcy.  In a Chapter 7 case, a person’s non-exempt assets are sold by the trustee and the proceeds from the sale of those assets are used to pay your creditors.  Most people who do file a Chapter 7 bankruptcy case are able to exempt all of their assets, which means they will be able to keep all of the assets that they own even after the bankruptcy case is concluded.  There is also an income test that the person must pass in a Chapter 7 bankruptcy.  In other words, you are not allowed to earn too much money and still be able to receive a Chapter 7 discharge.  In most cases, you will receive a discharge of your debts at the conclusion of the bankruptcy case.  You will not be personally liable for those debts that are discharged other than the debts that you may have reaffirmed, such as a home mortgage or car loan, and other unusual debts such as student loans, tax debt, and spousal support.

CHAPTER 13 BANKRUPTCY
A Chapter 13 bankruptcy case is also referred to a wage earner’s plan.  Chapter 13 cases are typically utilized by people who have substantial non-exempt assets that they do not want to lose or by people who make too much money and are not eligible to file for a Chapter 7.  In a Chapter 13 bankruptcy case, you will pay a monthly amount of money to a trustee who will pay your creditors over the course of three to five years.  The monthly payment amount is typically determined by the amount of your disposable income.  After the three to five year payments have been made, you will receive your bankruptcy discharge.

This is just a broad overview of the bankruptcy law and the differences between a Chapter 7 and Chapter 13 bankruptcy case.  If you have more questions about bankruptcy law or would like to file for bankruptcy, contact local bankruptcy attorney Greg Babcock of our office to schedule a free initial consultation.  Call our firm at 1-920-437-8191.

Tags: bankruptcy

WISCONSIN DIVORCE LAW

A married person in Wisconsin can file for a divorce from their spouse as long as that person had been a resident of the State Wisconsin for at least 6 months prior to the filing for divorce.

In Wisconsin, you do not need a reason for why you want the divorce from your spouse and your spouse can not prevent the divorce from happening if the spouse does not want the divorce.  In addition, Wisconsin is a no fault divorce state where the Court can not penalize the person who might be more at fault for the divorce.

In Wisconsin, there are four main legal issues that the Court is required to decide when you get divorced.  These issues include custody/placement of the child(ren), child support, maintenance, and property division.  These issues can be very complicated and the assistance of an attorney is recommended to guide you through the process.

CHILD CUSTODY & PLACEMENT
First, custody and physical placement of the child(ren) are issues to be decided by the Court only if you have a minor child or that child is still in high school.  Custody means the right to make major legal decisions for a child including medical, school, and religious decisions.  The court may order joint legal custody between the parents or sole legal custody to one parent.  Physical placement of the child means which parent the child physically resides with.  A court may order primary, shared, or some other physical placement arrangement between the parents.  If the parents are unable to agree on custody or placement of a child, a Guardian ad litem will be appointed to represent your child’s best interest.

CHILD SUPPORT
Second, the Court must determine child support that a parent is required to pay to the other parent.  Child support is typically based upon a formula which is calculated using one or both of a parent’s income and considering the percentage of placement that each parent has.

MAINTENANCE PAYMENTS
Third, the Court may order that one parent make a maintenance payment to the other which depends upon a number of different factors including the length of marriage and the ability of the other parent to become self supporting.  Maintenance is essentially a payment from one spouse to the other to offset or equalize incomes.  If the length of the marriage is short and/or the spouses have similar incomes, the Court may not order maintenance to be paid by either spouse.  Many factors are considered when determining whether or not maintenance might be appropriate.

PROPERTY DIVISION
Finally, property division is the last major issue that the Court must decide.  Wisconsin is a marital property state whereby all property, even if acquired before the marriage, is presumed to be divided equally between the spouses at divorce.  This would include all debt of the spouses.  The exception to this rule is any property that was acquired by one spouse by gift or inheritance and that property maintained it’s separate character and identity.  The issues that arise with regard to the division of property can become very complicated including who receives certain marital assets and the valuation of those marital assets.

These are not all of the issues that are required to be determined by a court when a married couple decides to divorce but they are the major issues.  It is important to speak with attorney about your legal rights if you are contemplating or in the process of getting a divorce.  Please contact Green Bay family law attorney Greg Babcock of our office to schedule a free initial consultation to discuss your options.

For your divorce law, other family law, and related legal issues, call the law office of Wanezek, Jaekels, Daul & Babcock, S.C. today:  1-920-437-8191.

Tags: Family Law Divorce Law

ADVERSE POSSESSION CASES

Adverse possession is the process wherein legal title transfers to a property owner because the actual title owner neglected or failed to care for their property.  In such cases, adjacent land owners may make an appeal to the courts that the title to neighboring property should be transferred to them.

WISCONSIN ADVERSE POSSESSION
Whether in Green Bay or elsewhere in Wisconsin, adverse possession claimsusually involve boundary issues where the parties operated under a mistaken belief as to what their boundaries were.  At some point it becomes clear that one or both parties were wrong, and because of years of use, one property owner declares that even though they are not the actual property owner, the land belongs to them by virtue of adverse possession.

Such claims are usually based on the claiming parties extended use of the property under the belief (albeit often mistaken) that it belongs to them.
Often parties mistaken as to property lines build structures on the wrong side of, or over, the property line creating great problems.  Properties where such encroachment exists can be difficult to sell because it is unclear who owns what.

If the parties cannot resolve the matter amicably, such as by one party selling a disputed parcel or quit claiming the disputed parcel, only a court can decide in whose name title should lie in a process called an action for declaratory judgment.

SUCCESSFUL ADVERSE POSSESSION CLAIMS
In Wisconsin, to succeed on a claim for adverse possession, the claiming party must clear several factual hurdles and must remain in possession of the disputed property for 20 years.  Where the dispute is based on a mistaken or disputed written instrument, the statutory period of adverse possession is 10 years.  Regardless as to which scenario applies to your facts, this area of law is exceedingly complex.

GREEN BAY, WI PROPERTY ATTORNEYS
In Green Bay and Wisconsin, you need experienced counsel to assist you in prosecuting or defending against an adverse possession claim.  Please contact Attorney David Daul for additional assistance.  (920)437-8191, or email him [email protected] The lawyers of the Green Bay, Wisconsin law firm of Wanezek, Jaekels, Daul & Babcock, S.C., can help you with adverse possession issues, boundary disputes, and other real property concerns. Contact us today!

WORKERS COMPENSATION – RE-TRAINING BENEFITS

On some occasions where an employee is injured on the job, the injury results in permanent restrictions.  These restrictions can be so severe as to totally prohibit the employee from not only performing his/her former job, but any similar job that requires certain physical tasks. Where restrictions limit job abilities, the employee may be required to seek retraining or additional education so he/she can re-enter the work force. Fortunately, our law firm understands Wisconsin workers compensation law and can help you determine your legal rights.

WISCONSIN WORKERS COMPENSATION
Wisconsin law provides that an injured employee may apply to the the Wisconsin Department of Vocational Rehabilitation for an evaluation to determine if additional training or further education will be required to allow the employee to return to the work force.  If the state determines such re-training is required, the employers workers compensation insurance carrier may be responsible for the expense of the re-training or additional education. This expense may include tuition, books, tools, mileage and associated expense.

Workers compensation insurance companies typically dispute such claims.  Both the evaluation process through the state and resolving disputes with the workers compensation insurance carrier is very complex.  These cases often require the assistance of an attorney experienced in Wisconsin workers compensation matters.

If you were injured at work and find yourself with job limiting restrictions and the need for retraining or education, do not hesitate to contact Attorney David Daul for further consultation at (920)217-1240. Attorney Daul is a lawyer at the Green Bay Wisconsin law firm of Wanezek, Jaekels, Daul & Babcock, S.C. Our attorneys and staff will help you determine your rights under Wisconsin’s workers compensation and related labor laws.

LAND CONTRACTS

You may have elected to put in place a land contract to sell your property.  This happens if for instance the buyer cannot obtain conventional financing, or if the sale is between family members.

FORECLOSING A LAND CONTRACT
However, if the deal turns sour and the buyer stops paying, the seller must foreclose the land contract to recover his or her full rights in the contract.  This is a process similar to a conventional foreclosure but different in several ways.

The foreclosure process is generally the only way to eliminate the land contract and create a “clear title” that is title to property that does not have any “clouds” (uncertainties) as to ownership.

LEGAL HELP WITH FORECLOSURES
You will require competent legal guidance in foreclosing a land contract.  Green Bay Wisconsin Attorney David Daul is quite experienced in this process, both in defending against and prosecuting such foreclosure actions. Call David to discuss your issues with land contracts directly at (920)437-8191, send him a message using the Contact Us form.

Your local attorneys at Wanezek, Jaekels, Daul & Babcock, S.C., are ready to help you with all of your real property and real estate legal needs, including land contract formation and foreclosure.

INVESTOR MALPRACTICE

Persons entrust financial advisers to make wise decisions in the handling of their money.  Many times the investments perform poorly or lose money. 

INVESTOR LIABILITY IN WISCONSIN
So long as the investor applied competent techniques in analyzing the investment and advised his or her client appropriately, there is generally no liability to the investor or the financial institution that employs him/her.  But in some cases investors make blatant mistakes that are not attributable to fluxuations in the stock market.  For instance, investors may take actions that create unwarranted tax liability for their clients, or make decisions based on what commissions they can generate for themselves rather than decisions that benefit their clients. In such cases, persons suffering from the situations do have recourse.

FINRA ARBITRATIONS
Generally there is an agreement in place that the parties agree NOT to go to court but instead agree to arbitrate the matter through the Financial Institution Regulatory Authority (FINRA).  FINRA requires the aggrieved investor or financial adviser to file a complaint and then appoints an impartial third party to arbitrate the matter and function much the same way a judge would operate.

There is also an opportunity to mediate the matter.  However the process is complex. A person not represented by experienced legal counsel would be at a big disadvantage against the financial institution that is denying they have any responsibility to fix the problem that it’s financial advisers created.

CONTACT A LOCAL ATTORNEY
If you have such a situation in the Green Bay Wisconsin area, you should contact Attorney David Daul of Wanezek, Jaekels, Daul & Babcock, S.C., for further consultation. He is an attorney experienced in this area of the law. Call (920)437-8191, or contact him online today. The experienced attorneys and staff at our local law firm are ready, willing and able to assist you.

Tags: Business Law Estate Planning Litigation

RECOVERY OF PROPERTY

In Green Bay, Wisconsin, there are often circumstances where another person has possession of property that is legally yours and refuses to return it.  Such cases may not quite rise to the level a criminal theft but nonetheless, because of a dispute between parties, one party is in possession of property that may not belong to him. The attorneys at the law firm Wanezek & Jaekels, S.C., discuss your rights and often help you recover your property.

Some examples may be business associates parting ways dispute what property belongs to who, an accountant who refuses to return accounting records, a former employee who refuses to return a piece of equipment owned by the employer, and an ex-boyfriend who will not return property (among endless scenarios).

LEGALLY RECOVERING YOUR PROPERTY
Such circumstances can be extremely frustrating to the lawful owner. This is especially the case if law enforcement will not get involved because it is “a civil matter.”   However our civil courts do provide a remedy.  The remedy is a “Writ of Replevin,”  that is, a court order to one party to hand over property, usually with an order to the county sheriff to assist in the recovery.

In Wisconsin, the Small Claims court has jurisdiction to recover property up to a certain value.  Some property of higher value must be put into “high side” court.  Regardless, the process is complex and there are certain specific pleadings requirements.

If you find yourself in such a situation you should consult with Attorney David Daul to advise you on how to recover your property. Attorney Daul and the lawyers at Wanezek & Jaekels can help you legally recover your personal property, assist with conversion claims, and advise you on a variety of legal property issues.

ADMINISTRATIVE SEPARATION BOARDS FOR MILITARY SERVICE MEMBERS

Many service members serving in the Reserve or National Guard will encounter circumstances wherein the commander, due to some act by the service member, will be given notice that administrative separation will occur.

MILITARY DISCHARGE RIGHTS
Such actions can result in discharges that may be characterized from full Honorable to Other than Honorable. The service member subjected to such a proceeding can incur substantial difficulty and prejudice in civilian life. You have rights in the matter.

The government must follow certain procedures in separating a service member.  Often the cases can be successfully defended resulting in better characterization of discharge if not totally dismissed altogether.

If you have been given notice that you are subject to administrative separation, consult Green Bay Attorney David Daul. Attorney Daul has handled many such actions, as well as other employment law issues. Please contact him at (920)437-8191 or online – Contact Us.

The attorneys at Wanezek & Jaekels are committed to helping you determine all of your employment rights.

MAKE USE OF WISCONSIN STATUTE 103.13 TO OBTAIN YOUR EMPLOYMENT FILE

Employees often are aggrieved in the decision made by employers with regard to employment advancement, promotion, training and termination.  Employers are frequently less than candid with the employee regarding the reasons for the decisions they make.

OBTAIN YOUR EMPLOYMENT FILE
You may make use of a special law, Wisconsin Statute 103.13 that requires the employer to allow you to make copies or inspect your personnel file.  Often the contents of those files are relevant to claims the employee may have against the employer.

Please consult with Attorney David Daul if you feel you may have claims against the employer, and the employee file is something you would like to obtain.

Wanezek & Jaekels is a Green Bay Wisconsin law firm with attorneys experienced in protecting your rights as an employee.  You may Contact Us online, or call 920.437.8191.

Adverse Possession / Boundary Disputes

It is frequently the case that boundary disputes erupt between neighboring land owners in Wisconsin.  Often neighbors function for years believing they understand where a boundary is, only to learn after a survey is done (for instance) that the parties have been wrong the whole time.  Sometimes only one party is confused as to where the property or boundary line lay and insists he/she has rights in land which is not truly theirs.

WISCONSIN ADVERSE POSSESSION
Under these circumstances Wisconsin’s law of adverse possession will often apply.  The analysis under the law is complex and very factually driven.  The interpretation of these factors is modified or guided by published case law.

If you have purchased real estate and are concerned with your neighbor’s mistaken belief as to a border or boundary dispute, you should consult with an experienced attorney to determine what the outcome of your case is likely to be and to assist in resolving the boundary dispute.

In the Green Bay area, please call Attorney David Daul at 920-437-8191. Attorney Daul and the lawyers at the Wanezek & Jaekels law firm are experienced in handling adverse possession and other real property cases.Contact Us online or call today.

Obtain Legal Help You Can Rely On

To get in touch with one of our attorneys about your case, call our firm at (920) 437-8191 or fill out the form below.