Best Bankruptcy & Debt Lawyers in Madison

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Page, Mannino, Peresich & McDermott, PLLC

Page, Mannino, Peresich & McDermott, PLLC

Madison, United States

Founded in 1971
50 people in their team
A Full Service Law FirmPage, Mannino, Peresich & McDermott, PLLC is one of Mississippi's oldest and most distinguished law firms.  We serve...
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About Bankruptcy & Debt Law in Madison, United States

Bankruptcy & Debt law in Madison falls under the jurisdiction of both federal and Wisconsin state laws. If you are unable to repay your debts, filing for bankruptcy might be a viable option. This might allow you to eliminate all or part of your debt, or it may help you to repay a portion of what you owe over time. However, various types of bankruptcy exist, such as Chapter 7 and Chapter 13. The right one for your situation will depend on various factors, like your income, assets, and the type of debt you have.

Why You May Need a Lawyer

Filing for bankruptcy comes with complexities. Navigating bankruptcy law can often be overwhelming. A bankruptcy lawyer can guide you on the best time and type of bankruptcy to file, help you protect important assets, represent you at creditor meetings, and ensure your rights are protected throughout the process. Moreover, if you're dealing with persistent or aggressive debt collectors, coming under wage garnishment, or facing lawsuits over outstanding debts, speaking with a lawyer can help you explore your legal options.

Local Laws Overview

In Madison, debtors are allowed to protect certain assets through exemptions. These can make a significant difference in your bankruptcy case. Some of the exemptions are state-specific, such as the availability of a state homestead exemption that allows you to protect some equity in your primary residence. Moreover, Wisconsin consumer act and Fair Debt Collections Practices Act obligations regulate the behaviour of debt collectors. Understanding local laws, exemptions, and debtor rights can be intricate, hence having legal assistance can be beneficial.

Frequently Asked Questions

What is the difference between Chapter 7 and Chapter 13 Bankruptcy?

Chapter 7 Bankruptcy essentially wipes out your general unsecured debts without a repayment plan, but not everyone qualifies for it. Conversely, Chapter 13 Bankruptcy incorporates a repayment plan of 3 to 5 years to pay off all or parts of your debts.

Can all types of debt be discharged in bankruptcy?

No, not all types of debts can be discharged in bankruptcy. Some non-dischargeable debts include most student loans, child support, alimony, and some tax debts.

Can bankruptcy stop a foreclosure or eviction?

Yes, temporarily. Filing for bankruptcy initiates an 'automatic stay' that temporarily halts actions by creditors, including foreclosure or eviction proceedings.

How does bankruptcy affect my credit?

Bankruptcy can negatively impact your credit score and remain on your credit report for 7-10 years, depending on the bankruptcy chapter. However, over time, the impact reduces, and there are strategies to rebuild your credit post-bankruptcy.

Can I keep my car and house if I file for bankruptcy?

This depends on the exemption laws in your jurisdiction and whether you're current on your payment. In many cases, you can keep your property, but it's important to discuss specific details with a legal professional.

Additional Resources

The United States Courts website is a great resource for understanding different aspects of federal bankruptcy laws. The Wisconsin State Law Library website provides general information about Wisconsin state laws, including state exemptions related to bankruptcy. The State Bar of Wisconsin may also have resources and lawyer referrals available.

Next Steps

As a first step, you should find a reputable, experienced bankruptcy attorney who can guide you through the process. They will evaluate your financial situation and advise you on whether bankruptcy is the right option, and if so, what type. Remember to gather as much information as possible about your debts, assets, income and expenses to help the initial consultations be more productive.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.