La Crosse and Kenosha/Pleasant Prairie Chapter 13 Bankruptcy Attorney

Experienced Sparta Debt Relief Lawyers

Even if you have a steady, stable income, debts can get out of hand. Filing Chapter 13 bankruptcy can relieve your financial struggles and put you on the path towards a brighter future.

At McNeilly Law Offices, LLC, we help people obtain debt relief by filing Chapter 13 bankruptcy. We are experienced, knowledgeable and committed to helping clients move beyond their debts and get a fresh start.

To discuss how bankruptcy can help you overcome your financial challenges, contact us today for a free initial consultation.

Stop Harassing Phone Calls · Stop Foreclosure · Stop Creditor Actions

Because the vast majority of Chapter 7 debtors retain all of their assets and discharge all of their debts, most debtors prefer to file under that Chapter. However, there are several situations where a Chapter 13 is preferable, or even required, in order for the debtor to obtain the desired relief.

Desire to Pay. Some debtors truly wish to pay what they can toward their debts.

“Forced” Desire to Pay. Debtors who “fail” either the “Means Test” or the “Totality of the Circumstances Test” may prefer to file a Chapter 13 and obtain some debt relief as opposed to having the case dismissed.

Expanded Discharge. The discharge which a Chapter 13 debtor receives upon completion of his plan is somewhat broader than the discharge available under Chapter 7. For example, debts arising from a divorce, and which are not for maintenance or support, are dischargeable.

Payment of Tax Claims. Tax claims, even though not dischargeable in a Chapter 13 case, nonetheless can be paid through a Chapter 13 plan while the debtor enjoys the protection of the automatic stay against tax authority collection action.

Reinstating a Mortgage or Motor Vehicle Installment Purchase Under a Chapter 13 Plan, a debtor may cure and reinstate the original maturity on long-term debts. Most often, these debts are notes secured by mortgages upon the debtor’s homestead or on a debtors vehicle.

Lien Stripping of Secured Debt. A Chapter 13 debtor may divide the claims of unsecured creditors (except for those secured only by lien on the debtors homestead) and the creditor will then have a secured claim to the extent of the value of the collateral and an unsecured claim for the balance of the debt.

Protecting Nonexempt Property. In Chapter 7 cases, all non-exempt, unsecured property is liquidated and the proceeds paid to administrative expenses and to creditors claims. In Chapter 13, a debtor may keep non-exempt property, provided that the plan satisfies the “best interests of creditors” test under 11 U.S.C. §1325(a)(4).

How We Can Help

Our firm's La Crosse & Kenosha Chapter 13 bankruptcy attorneys are experienced in handling all forms of bankruptcy for both individuals and businesses. We understand the complex rules and procedures of filing bankruptcy and negotiating plans that fit our clients' needs. Whether you file a Chapter 7, 11 or 13 bankruptcy, you can be confident that you will have strong advocates on your side throughout the entire bankruptcy process.

Contact a Chapter 13 Bankruptcy Lawyer Today

Is Chapter 13 bankruptcy right for you? Contact our law firm today online or call 608.782.4262 in the La Crosse area and 262.843.3400 ext 12 in the Kenosha area to discover if this is the right option for you. Your first consultation is free. Our law firm is committed to serving clients throughout Western and Southeastern Wisconsin.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.