If you are living in Wisconsin and need help saving your home due to a foreclosure, call Miller and Miller today. With offices in Milwaukee, Germantown, and Kenosha our attorneys are close by for everyone in the Milwaukee metro area.  And if you don’t live in Southeastern Wisconsin, call us anyway as we serve all of Wisconsin.

If you need advice on how to save your home and you are living in Wisconsin, call Miller and Miller today.  With offices in Milwaukee, Germantown, and Kenosha we have an office near you.

Even if you aren’t in as much debt as Mr. Sapp, dealing with aggressive creditors can be stressful and overwhelming.  If you need advice about what to do, call Miller and Miller today. We have been helping people in Wisconsin get a fresh start since 1993 and with offices conveniently located in Kenosha, Milwaukee, and Germantown, we are a short trip away no matter where in Southeastern Wisconsin you are.

Question: Three years ago — fresh out of grad school, with new jobs and lots of optimism — my husband and I bought a beautiful house that we love. Trouble is, we spent too much money. Now, our mortgage consumes nearly all of our monthly income, leaving us very little to save for retirement, our kids’ college funds or do the things we love such as traveling. We both work for non-profits and like our jobs, so the prospect of increasing our incomes significantly isn’t really there. We’re quite frugal, so there aren’t too many places to cut back. The good news is: We’re not underwater (according to our tax assessment) and we can make our mortgage payments and pay our bills. That said, if we had an emergency, lost a job or had a big home repair, we’d be in trouble.

The question, then, is: Should we cut our losses, try to sell and buy something cheaper? In our accounting, after the realtor fees, etc., we’d probably end up netting about what we owe and lose the about 10 percent equity we have. Is that crazy? Over the long-term, we think about all we could do with the difference between our current mortgage payment and what we’d pay on a house that was, say, $100,000 cheaper, and it seems to make sense. We’d love to hear your advice. Thank you! Julia, St. Paul, MN

Answer: In reading your email, I think you’ve already answered your question: You’re going to move into a cheaper place. It isn’t a crazy move at all. It’s a smart long-term move. House-poor is no way to live. A lesson of the turbulent economy of the past several years is everyone needs to create a margin of financial safety for their household. I applaud what you’re doing, and if I were in your circumstances, I’d be thinking along the same lines.

When it comes to homes, small(er) is financially beautiful. The mortgage is less. So are insurance, taxes, heating, cooling bills and other costs of ownership. These cost savings compound over time.

To me, the real issue you face is timing. When do you make your move?

What I would do to concretely grapple with that question is to start a serious look for the kind of home you’d like in your new price range and in neighborhoods you want to live in. Go to open houses. Hire a real estate agent. Visit homes for sale. You want to see what you can really get in the current market for the amount of money you’re thinking of investing. I would also see what you need to do to get your place ready for sale. What are homes like yours going for in the market?

You can then run actual numbers to see how you’ll stack up financially moving from where you are and into a cheaper place. You can see whether you might lose your down payment. You can weigh short-term costs vs. the long-term gains. And so on.

At the end of this research and number-crunching exercise, you might decide to wait another year. Then again, you might find the right place at a great price and the trade-offs to get there are worth it. With research, you’ll make an informed decision about the timing.

If you live in Southeastern Wisconsin, feel free to visit us for a free consultation at one of our offices in Milwaukee, Kenosha, or Germantown. We can help you to understand your options if you are looking for ways to save your home in Wisconsin.  Call us today at 414-277-7742!

 
Section 523 of the Bankruptcy Code sets out a number of situations in which credit card debt will not be discharged. Section 523(a)(2)( c) makes non-dischargeable consumer debt totaling more than $500 for luxury goods and services owed to any one creditor that are incurred within 90 days of filing, or cash advances totaling $750 or more owed to any one creditor made within 70 days of filing.

 
Section 523(a)(2) makes non-dischargeable debt owed to a creditor that was incurred by false pretenses or by fraud.

 
So to sum it up, Section 523 gives credit cards at least two arguments to challenge a Debtor:
1. Recent credit card use (within 3 months) for anything but necessities like food, clothing and shelter
2. Any credit card use in the recent past (up to a year prior to filing) if a Debtor makes charges where there is no reasonable expectation of repayment.

 
Here’s another way to think about it: If you have lost your job, and for the last year your only source of support are credit cards and cash advances, you should not expect to avoid a challenge by the credit card issuer just because you wait 91 days after your last use of your cards.

 
What, then, should you do if you need to buy food or gasoline in the weeks before you actually file?

You should recognize that shortly after you file, there is a very good chance that your credit cards will all be canceled and you are going to have to find another way to pay for your food and gasoline. A bankruptcy may eliminate old debt but it will not help you pay your current or on-going bills.

 
As a practical matter you are not going to want to spend the money litigating Section 523 dischargeability actions. Bankruptcy litigation is expensive and if you are scraping to buy food and gasoline, you will not be able to afford litigation. The fee you pay your bankruptcy lawyer will almost never include litigation.

 
If you are in Southeastern Wisconsin and are having trouble with your credit card debt, contact Miller and Miller today. We have offices in Milwaukee, Germantown, and Kenosha, making sure that whether you live in Racine or Waukesha, you have a office close to home.

Over at the MintLife Blog they recently had a great article on overpriced children’s items. After getting a fresh start through bankruptcy it is important to look for ways to keep costs down so that you are able to build a strong financial future. We all want to give the world to our children, but if you can do that while saving a buck it’s even better.

Read that article here.

Everyday people in the Milwaukee area are learning how to get out of financial trouble by meeting with one of our attorneys.  Miller and Miller has offices in Milwaukee, Kenosha, and Germantown to ensure that wherever you are in Southeastern Wisconsin, we’re close. 

Call us today at 414-277-7742 and schedule your free consultation!

All too often, clients come into our office, review their credit report, and are shocked to see what is listed.  Sometimes this is because there are old items that have been forgotten, but another culprit is identity theft.    

As the web has evolved, so have criminals and their tactics. With websites that look similar to name brand sites, con artists can pluck information as consumers enter what they believe is a legitimate site.  Once someone has stolen your identity and injured your credit score, it can be challenging to repair the damage. 

“Everything is done online these days,” says Identity Theft Resource Center Social Media Coordinator Nicki Junker. “Most of the time the victims of cyber-savvy criminals won’t be able to trace where the identity theft — a crime that has seen double-digit increases in the last five years — happened.”

Identity theft often goes unnoticed until it’s too late and the damage has already been done. In 2010, around 8.6 million households had at least one person who was a victim of identity theft, up from 6.4 million households in 2005, according to a recent study by the U.S. Bureau of Justice Statistics. Identity theft cost U.S. households about $13.3 billion in 2010, with the average loss being about $2,200.

Consumers can, however, take precautions to safeguard themselves and their identities while shopping online. Junker offers five ways to protect yourself online:

1. Confirm the site is legit: Before giving any personal information, check the URL to make sure that you’re still on the same site where you plan to make your purchases and that you haven’t been moved over to a fake one. Junker said sometimes consumers are switched over to a “cyber squatter’s” site that looks similar to a retailer’s site. It’s easy to be tricked into giving up credit card and other personal information.

2. Shop securely: When you start to check out and get ready to pay for your purchases, the URL should start with “https,” which means the site is secure. A secure site uses security technology to encrypt the information you send to the site, meaning computer hackers are stopped from collecting the data as it crosses the Web. You can also look for a closed yellow padlock at the bottom of the screen. If you see an open lock, you can assume that the site is not secure.

3. Use credit cards: Federal credit laws limit the amount a con artist can take on a credit card. Debit cards don’t have the same protections. “If they have a debit card, they can clear you out,” Junker explains. “You’re much better protected using a credit card than a debit card.”

4. Google the retailer: Before buying from a website, type in the retailer’s name and the word “scam” or “complaint” into a search engine. It’s a way to check out a retailer to see if the business is legit or not.

5. Explore the site: Can you find where the company’s office is located? Does the site clearly state a refund policy? Does it promise too much? “If it sounds too good to be true, it isn’t,” Junker warns. Take your time and make sure nothing seems out of whack or iffy.

Shopping online is a convenient way to avoid store crowds and traffic. By following these web-savvy tips, your shopping experience can be safe and convenient.  If you are living in Milwaukee-Waukesha-Racine area, the attorneys at Miller and Miller can help you to repair and rebuild your credit if you think there are errors. Call us at 414-277-7742 today!

If you live in the Milwaukee metro area and are looking for ways to keep your home, contact Miller and Miller today.  And remember that we have offices conveniently located in Milwaukee, Kenosha, and Germantown to ensure that everyone in southeastern Wisconsin has an office close by.

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.

This issue can sometimes be very confusing.  For that reason we always suggest you set up a free consultation with one of our lawyers a Miller & Miller.   There is never a charge for an initial consultation and we are happy to meet with you to discuss all of your options.

James Miller

jmiller@millermillerlaw.com

414-277-7742