Milwaukee Bankruptcy Attorney Blog by Miller & Miller Law, LLC » Small Business Bankruptcy

Can I pay my taxes with a Credit Card, then file bankruptcy to discharge the Debt?

Jamie Miller — Wed, 11 Apr 2012 13:59:22 +0000

With April 15th only a few days away, many people are working hard to come up with the money to pay the Government. For those who are self employed, estimated tax liability payments are due every quarter starting April 15th. The IRS will allow you to pay your tax debt with a credit card, but you can expect to pay a 2% “convenience fee”.

If charging tax liability please be aware that the Bankruptcy Code specifically disallows that part of your credit card debt to be discharged in a bankruptcy case, unless the tax you are paying is dischargeable as well.

If you have questions about tax liability and credit card debt please call Attorney Miller at 414-277-7742. Our office is accessible in Milwaukee, Racine, Ken0sha, Germantown, West Bend, Ozaukee, Brookfield and all surrounding Milwaukee Metro Areas.

Knowing Your Bankruptcy Options Webinar

Justine Bellamy — Tue, 20 Mar 2012 19:52:10 +0000

Join us for an information-packed webinar with bankruptcy attorney Jamie Miller. This workshop will offer you expert guidance on the different bankruptcy options; as well as the benefits that bankruptcy can offer you to help you take control of your financial life. It is time to get the fresh financial start you deserve. Go to MillerMillerlaw.com and click on the “Registration Now” star to sign up.

Join us April 17th @ 10am for this great Webinar. Register today!

Strategies to Recover After Bankruptcy

Jamie Miller — Tue, 28 Feb 2012 15:58:02 +0000

Bankruptcy might seem like the end of the road, but the stigma is not nearly as severe as it once was. In the past, it meant that the chances of getting approval on unsecured personal loans applications were practically nil, while even those lending firms who might be willing to take a chance would still be more likely to say no.

But in the modern world of finance, it is possible to get post-bankruptcy loans to repair credit ratings and begin the rebuilding process to a stronger financial status. In fact, it is that the credit rating improvement is the purpose of the loan that can lead to approval.

Still, there remains an acute risk to lenders that approval unsecured loans after bankruptcy, and for that reason the term can sometimes be debilitating. Higher interest rates may be expected, but with the advent of the internet, and the online lenders that can be found on it, the heavily increased rates do not need to be accepted.

Strategies To Recover After Bankruptcy

While bankruptcy might not be the end of the road, recovering from it does require starting again. This is where a small unsecured personal loan can come in so useful. However a loan is not the only strategy to choose, with low interest credit cards and dedicated saving helping the cause also.

Getting post-bankruptcy loans to repair credit ratings is admirable, but often the starting point is actually in building a savings account. In getting together a lump sum, a lender can see a committed attitude when a loan is finally applied for.

It can also help in securing a low interest secured credit card, with a small credit limit. This is necessary mainly due to the fact that our society is credit card orientated, but by making credit card repayments on time, a history of repayment is built up. So when it comes to applying for unsecured loans after bankruptcy, there is an indication of good financial habits.

If you need to file bankruptcy and you want honest answers please call Attorney James Miller at 414-277-7742 to discuss your bankruptcy options. The Law Firm of Miller and Miller serves all Wisconsin communities including those in Kenosha, West Bend, Germantown, Waukesha, Racine, Brookfield, Ozaukee, Mequon, Menomonee Falls, West Allis, South Milwaukee, Okauchee and Madison.

Budgeting: Your New Year’s Resolution?

Jason S. Crye — Mon, 09 Jan 2012 19:54:30 +0000

C. Lazarus from the Savings Experiment has a great article here on one way to manage your finances called the 50/20/30 budget. It’s a great read and a great idea. After getting a fresh start through bankruptcy, many of our Wisconsin clients are able to build on that clean slate by saavy budgeting.

If you are in the Milwaukee-Waukesha-Germantown-Kenosha area and would like to learn how to get a fresh start, call Miller and Miller today!

Misconceptions About Bankruptcy

Jamie Miller — Wed, 04 Jan 2012 16:42:52 +0000

Misconceptions About Bankruptcy Could Be Keeping Away Those Who Need Help

Historically, bankruptcy has been stigmatized. Narrow-minded people saw those filing for bankruptcy as failures, as deadbeats or as being guilty of living far beyond their means. Nowadays, though, we know that the great majority of people filing for bankruptcy protection are victims of circumstance: their debt could easily have been caused by a job loss, divorce or serious illness that racked up a mountain of medical bills.

The bankruptcy laws have undergone significant changes in recent years, and some people think it is now all but impossible to file. If anything, however, the new laws make it easier to use this legal tool for a financial fresh start. Unfortunately, there is a great deal of misinformation — both good and bad — floating around about the purpose of bankruptcy and about the process of seeking bankruptcy protection to deal with personal or business debt. This article will help dispel some of the myths and make it more approachable as a debt management option.

No More Stigma

Most people considering a bankruptcy filing fear that they will be stigmatized by family, friends and coworkers. Luckily, this is not true; unless the filer is a public figure or involved with a large company, 99 percent of the time the public will never know about a bankruptcy filing. Likewise, they may fear that lenders will forever view them as a bad risk and that they will never qualify for financing on auto or home purposes in the future. This, too, is a myth. While a bankruptcy filing does show up on the filer’s credit report, most filers can start building their credit again just a few years afterwards. For some filers, the wait is even less.

Do I Have to Sell Everything?

Some people have this abstract view of bankruptcy as being a court-ordered “rummage sale” of sorts where they will have to liquidate everything from their household furniture to their great-grandmother’s china. Yes, the court may order a filer to sell superfluous and extravagant assets (like a vacation home in Aspen that is used one week a year or an original Shelby mustang that has been under a tarp in the garage for a decade), but the majority of filers get to keep their home, clothing, household belongings, work-related items like tools, furniture and the family vehicle.

You CAN File Again

For some people, a second — or even third — bankruptcy filing is a necessity. While common knowledge may say that bankruptcy is a one-shot deal; you get a single chance to get a financial new beginning through the bankruptcy code. This simply isn’t the case. While there are waiting periods put in place to prevent so-called “serial filers” who might have a pattern of irresponsibly running up massive amounts of debt and then filing for bankruptcy again and again, the law doesn’t bar a subsequent filing if legitimate financial circumstances dictate.

Even though bankruptcy is more accessible than it has been in the past, the process can still seem overwhelming and even scary. With the help of an experienced bankruptcy attorney, though, bankruptcy can be a great way to get out from under a mountain of debt and get a fresh financial start.

At Miller & Miller we are here to help you file in Milwaukee, Kenosha, Racine, West Bend or wherever you may live. We have convenient offices in Kenosha and Germantown if getting to our downtown office is a problem.

Beware of Bankruptcy Preparers-hire a well qualified lawyer to help you

Jamie Miller — Mon, 05 Dec 2011 14:57:34 +0000

Thousands of Milwaukee residents file for bankruptcy each year. A good number believe they can’t afford a lawyer but are intimidated by the idea of trying find their way through a legal system they don’t understand.

These citizens have critical questions about the bankruptcy process:

“Can I keep my car?”

“Do my husband and I both need to file?”

“Will my child support arrearage be discharged?”

Many turn to bankruptcy petition preparers for those answers and pay $100 to $250 to get them. But most do not realize that petition preparers are simply typists. They are not trained in the law and do not know the answers to the questions that debtors need to ask.

Some preparers answer the questions anyway, often giving the wrong information.

Some take the debtors’ money but do not complete the papers or do not file the papers or do not file the correct papers.

Milwaukee’s bankruptcy judges have grown weary of being forced to dismiss cases because the debtor paid money he or she did not have to a petition preparer who gave the debtor the wrong information, did not file all of the required documents or filled out the documents incorrectly.

People who consider filing for bankruptcy already are hurting, without losing precious dollars to someone who cannot give them the advice they need.

To make it clear that the law does not allow petition preparers to give legal advice, and that they are not qualified to do so, the Milwaukee judges have established a new policy: Beginning Jan. 1, a petition preparer may charge only $75 for completing bankruptcy papers.

If the preparer is following the law, simply filling out the papers without giving legal advice, $75 is a reasonable price for that service. If a debtor needs more than typing services – and most debtors do – the bankruptcy court has a Help Desk, where from 9 a.m. to 10:30 a.m. every Thursday morning, bankruptcy lawyers will answer questions and help debtors with their paperwork.

And it’s free of charge.

Pamela Pepper is chief judge of the U.S. Bankruptcy Court for the Eastern District of Wisconsin, sitting in Milwaukee.

Take Notes When Speaking to Collectors

Jason S. Crye — Tue, 09 Aug 2011 14:24:57 +0000

One important thing to do when you are speaking with a debt collector is to take detailed notes. The more detail that you can provide about the conversations with collectors, the more credibility you will have if you are involved in a lawsuit against the collector.

Moreover, the more knowledge you have of your conversations, the more intelligently and persuasively you can speak with the debt collectors. Debt collectors are notorious for putting false information in their notes in order to make you feel bad in an effort to convince you that you broke your promise. Isn’t it is ironic that a collector would lie in order to use your sense of morality against you?

When a debt collector says, “This is what you discussed with us last week,” and it is inaccurate, it is empowering to have your notes at hand to tell debt collector exactly what was discussed. It is not unusual for a collector to call one day and make an offer only to have the same collector deny that such an offer was made a few days later.

Naturally, the more detail the better. The more organized and prepared you are, the less likely you are to be badgered by or taken advantage of by rude collectors. I’ve talked about that on this blog here.

The Basics of Chapter 13 Bankruptcy

Jamie Miller — Mon, 01 Aug 2011 23:23:22 +0000

The Basics of Chapter 13 Bankruptcy

Article provided by Milwaukee Bankruptcy Attorneys – Miller & Miller Law LLC

Chapter 13 is very effective at helping filers get a fresh financial start while being able to keep valuable assets like homes and cars Federal bankruptcy laws exist to give debtors an escape from overwhelming debt when they find themselves in an unworkable financial situation. The protections offered by a bankruptcy filing have only rarely been more important than they are in our country’s current economic situation. Stock market woes, the burst housing bubble and chronically high unemployment rates have left record numbers of Americans in financial trouble and looking for more information about debt relief options like credit counseling, loan modification, debt consolidation and bankruptcy.

Types of Bankruptcy

There are several different types of bankruptcy filings that a debtor might consider. Eligibility for these programs are based upon an analysis of the debtor’s unique financial condition and whether the filer is an individual, a business entity, a farming enterprise, a fishery, a railroad or a municipality.

Businesses — depending upon the industry — might be able to file under Chapters 11, 12 or 15 of the U.S. Bankruptcy Code.
Municipalities like cities, towns, villages and school districts can seek the protections offered by Chapter 9.
Individual debtors, however, have two choices: Chapter 7 or Chapter 13.

What Is Chapter 7?

Consumer bankruptcy is the blanket legal term for a bankruptcy filed by a single individual (or by a married couple) instead of a by a business or other entity. Consumer bankruptcies are covered by Chapters 7 and 13 of the Bankruptcy Code.

Chapter 7 is better known as “liquidation bankruptcy.” It involves the literal liquidation (selling) of the debtor’s assets in order to raise money that will be used to pay debts. Secured creditors — those whose debts involve a tangible collateral like a house, car or appliance — are given priority, so they are paid first. Any debts not payable through the proceeds of a liquidation are discharged at the end of the proceeding, except for certain debts (student loans, taxes, child support and alimony) that are non-dischargeable. Chapter 7 does include myriad exemptions that will protect various types of property from being liquidated, however, so filers do get to keep the majority of their essential assets.

Because it is more inclusive and involves the discharge of all or most debts, it is more difficult to qualify for Chapter 7 bankruptcy protection than it is for Chapter 13. Potential filers must undergo what is known as a “means test” to determine eligibility. Most people who do not qualify to file under Chapter 7 are able to bring a Chapter 13 filing instead.

What is Chapter 13?

Chapter 13 bankruptcy involves the reorganization / consolidation of all the filers debts into one amount that is repaid over a period of three to five years. People filing under Chapter 13 do not have to pass a means test, but they do have to prove to the bankruptcy court that they have an income with which to make regular payments on their debt. Some debts — the like student loans, taxes, child support and alimony mentioned above — cannot be included in the repayment plan and are not subject to discharge.

Chapter 13 is very effective at helping filers get a fresh financial start while being able to keep valuable assets like homes and cars without seeking exemptions. There is not the immediate discharge of debt like there is in Chapter 7 bankruptcy, but if the debtor fulfills the obligations of the repayment plan, remaining debt is discharged at the end of the agreed-upon time.

Why File a Chapter 13 Bankruptcy?

Most people choose Chapter 13 bankruptcy filings to protect themselves from foreclosure, repossession or wage garnishment. Filing for bankruptcy protection activates something called an “automatic stay.” That means that while the filing is pending, creditors cannot pursue lawsuits, garnishments, repossessions or foreclosures. In fact, they cannot even contact the debtor while the automatic stay is in place — all harassing phone calls and threatening letters must stop once the filing process has begun. Past due amounts on mortgage or car payments can be rolled into the consolidated debt and paid back over the life of the repayment plan, so as long as the debtor remains current.

In addition to the protections offered by the automatic stay, Chapter 13 is also a relatively inexpensive way to get a fresh financial start. Yes, filers have to commit to making payments on their debts for a period of time, and the bankruptcy will have a long-lasting impact on their credit rating, but they can also start to rebuild credit not long after filing. Furthermore, the negative impact of a bankruptcy filing is still less significant than that resulting from a foreclosure, repossession or garnishment.

If you want to learn more about filing for Chapter 13 consumer bankruptcy, contact an experienced bankruptcy attorney in your area.

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Attorney Miller quoted in Journal Sentinel regarding decline in Bankruptcy Filings

Jamie Miller — Tue, 26 Jul 2011 15:31:13 +0000

Bankruptcies ease in U.S., state

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By Paul Gores of the Journal Sentinel

July 25, 2011 |(1) Comments

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Bankruptcy filings in Wisconsin and the nation are running behind last year’s pace, but attorneys say it’s too soon to know whether the wave of filings triggered by the economic downturn has crested.

Still, at least in some lawyers’ offices, the number of people coming in to declare themselves insolvent has slowed slightly. And more of those filing for bankruptcy today are people who at one time were higher on the economic scale. That compares with many of those who filed earlier in the recession – people who were living paycheck to paycheck and folded quickly when their income was cut, lawyers said.

“I think those that we’re seeing now are those who were able to survive the downturn – people who were self-employed, people who had higher-paying jobs, were able to tap into retirement accounts and use the credit card but make the minimum payments,” said James Miller, of Miller & Miller in Milwaukee. “There is just not that same mass of people as those who fit into the first category.”

U.S. Bankruptcy Court records show bankruptcy filings fell 8.4% in the first half of 2011 in Wisconsin, to 14,682 from 16,024 in January through June 2010. About 80% were Chapter 7 filings, which wipe out debt on things such as credit cards, medical expenses and utility bills.

The Wisconsin numbers mirror a decrease in consumer bankruptcies nationally. There were 709,303 filings in the United States in the first six months of 2011, an almost 8% decrease from 770,117 during the same span in 2010, according to American Bankruptcy Institute.

“What we’re seeing is still high filings, but off the peak,” said David Leibowitz, founder and managing member of LakeLaw in Milwaukee and Kenosha. “I don’t think we can take a great deal of comfort in it. But I do think that there’s a direct correlation between the economy and unemployment on one hand and the bankruptcy statistics on the other hand.”

Madison bankruptcy attorney Claire Ann Resop of von Briesen & Roper said people who had been making at least midlevel incomes are among those she sees more frequently. Among those on the list: teachers, nurses, sales people, tradesmen, homebuilders and truckers.

“They had higher income and they had more resources to try to keep up for a while,” she said.

Milwaukee attorney Robert Waud said he was “kind of surprised” to hear the number of filings in the state declined.

“It’s pretty steady coming in the door,” he said.

Small-business owners, trades people and land developers are common bankruptcy filers, he said.

Waud, of Todd C. Esser & Associates, isn’t convinced bankruptcy filings have peaked, even if the half-year trend is down from a year ago.

“I think it’s too soon to say,” he said.

Miller said restraints on credit since the start of the recession and financial crisis have cut the likelihood of people charging huge debts that end up in bankruptcy.

“Credit companies aren’t taking as many risks on people, so there are not as many credit-related defaults,” Miller said.

Lawyers said issues that historically have led to bankruptcy remain the big factors – uninsured major medical costs, divorce and job loss.

“The problem still, as far as I’m concerned, is there are not enough people working,” Waud said.

Debts That Might Not Be Discharged In Bankruptcy

wyanow — Mon, 23 Aug 2010 17:52:36 +0000

*Criminal fines or restitution or drunk driving injury claims

*Guaranteed Educational Loans

*Fine or penalty owed to governmental unit

*Damages arising from willful injury to person or property

*Spousal or child support, or ex-spouse attorney fees for obtaining support

*Income taxes less than three years old

*Income taxes over three years and tax return not filed more than two years ago

*Income taxes not assessed at least 240 days

*Payroll taxes and sales taxes