Deborah Ann Stencel’s Answers

Deborah Ann Stencel

Milwaukee Chapter 7 Bankruptcy Attorney.

Contributor Level 12
  1. If I filed a Chapter 7 Bankruptcy, can my tax return be taken?

    Answered over 2 years ago.

    1. Deborah Ann Stencel
    2. Randall M. Lipshutz
    3. Curtis Lamar Harrington Jr
    4. Derek R. Caldwell
    5. Jeffrey Branan Kelly
    6. ···
    6 lawyer answers

    It is unlikely that your tax refund - if delayed by the IRS - is delayed due to the bankruptcy. Call the IRS and ask them why there is a delay. However if the delay is not the IRS' delay, there are some other possibilities. Did you list your refund on your Schedules and exempt it? If you are unsure, call your attorney. I don't know which exemptions you used, but in September you were entitled to most of the refund for 2011 and unless this was listed on Schedule B and exempted on C, your...

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  2. Bankruptcy chapter 7 median income

    Answered over 2 years ago.

    1. Mark Markus
    2. Deborah Ann Stencel
    3. Stephen M. Dunne
    4. Walter C Oney Jr
    4 lawyer answers

    Possibly. The median income question is just the first step of the "means test." For people over the median for their household size, the bk court looks next at your secured debt (mortgages cars), your priority debt (taxes, child support), and certain expenses which may justify allowing you to pass the means test and file a Chapter 7. Expenses which can help someone pass the means test include such things union dues, health care costs that exceed the norm, health and certain life insurance...

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  3. I wanted to know can my pad day loans be included when I file bankruptcy?

    Answered over 2 years ago.

    1. Deborah Ann Stencel
    2. Robin Kert Hunt
    3. Scot J Eliot
    4. Derek R. Caldwell
    5. Kevin D Heupel
    5 lawyer answers

    I'm sorry this has happened to you. You can file either a 13 or 7 to deal with payday loans. Which Chapter you should file depends on a number of factors including your income, household size, other debt you have, and your goals. If your income is medium to low, you have no prior cases, and your debt is unsecured, you probably can file a Chapter 7. You might want to call a bankruptcy attorney soon because it can take a while to pay for and gather documents for a bk. In the mean time,...

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  4. My wife and I are in Chapter 13. We owe secured creditors about $700k and unsercured about $250k. I have a outside source that

    Answered over 2 years ago.

    1. Deborah Ann Stencel
    2. Curtis Lamar Harrington Jr
    3. Steven Anderson Leahy
    3 lawyer answers

    This may be a little too complex to get a useful answer in this forum. Once a property is sold at foreclosure auction it is no longer yours and the bank has no obligation to accept your payment. The 3 properties sold are no longer yours and all you owe on them is the potential deficiency balance (mortgage balance minus the amount received at sale). As for your home and the fifth property, these are in the bankruptcy and can be dealt with through the bk or your outside source can pay...

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  5. Is there a way to have your student loans completely discharged?

    Answered over 1 year ago.

    1. Deborah Ann Stencel
    2. Dorothy G Bunce
    3. Edward Jacob Sternisha
    4. Jeffrey Raymond Portko
    5. E Chris L'Hommedieu
    5 lawyer answers

    Yes, there is but don't get too excited yet. Student loans are very difficult to discharge in bankruptcy and attempting to do so can be costly as your attorney will need to file a lawsuit and a bk on your behalf. The question is whether the student loans pose an undue hardship on you and your dependents. When looking for an attorney to handle this for you ask him/her how many adversary proceedings s/he has handled and how many to discharge student loans. These actions are rare enough...

    9 lawyers agreed with this answer

  6. Truck was repossessed by the bank few days ago. I'm looking to file chapter 13 next week.

    Answered over 2 years ago.

    1. Deborah Ann Stencel
    2. Henry Repay
    3. Kathryn Ursula Tokarska
    4. Walter C Oney Jr
    4 lawyer answers

    They cannot sue you once the case has been filed, but the bank can file a claim in your bankruptcy to be paid on the deficiency balance after it has auctioned the truck. How much of the claim will be paid will depend on how much your plan proposes to pay unsecured creditors (such as credit cards, medical bills, and the unsecured portion of the truck loan). If you file soon, it MAY be possible to get the truck back and pay for it through the plan if you wish and can afford to do so. Talk...

    9 lawyers agreed with this answer

  7. Can I still sell my home even if I surrendered my home in Chap 13. Home did not go into forceclosure. Chap13 plan is clompleted

    Answered over 2 years ago.

    1. Steven Anderson Leahy
    2. Mark Markus
    3. Deborah Ann Stencel
    4. Jonathan Patrick Beck
    5. Stephen Clark Harkess
    5 lawyer answers

    If no foreclosure occurred, you are still the titled owner of the property. You can sell the home (if possible). If your ex wants to buy it from you, she can. She will likely have to pay off your mortgage with a new one of her own. If that is not possible, she can continue to pay the mortgage as she has been but that doesn't necessarily seem like the best deal for her or you. The risk for you is that the property is still yours so you have the ultimate responsibility to make sure the...

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  8. Can child support arrears be included in a Chapter 13 filing?

    Answered over 1 year ago.

    1. Deborah Ann Stencel
    2. Omar Mahmoud Badr
    3. Myron Wayne Tucker
    3 lawyer answers

    Yes, they can and should be included in the filing. To be more precise- ALL debts must be listed in your filing and child support arrears are a debt that must be paid 100% in Chapter 13. Child Support arrears must be paid in full in order to have a successful case except in very rare circumstances (and you need to stay current post-filing on future child support obligations). Good luck!

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  9. Chapter 7 and Reaffirmation

    Answered over 2 years ago.

    1. Mark Markus
    2. Michael Aaron Shurtleff
    3. Deborah Ann Stencel
    4. Steven Anderson Leahy
    4 lawyer answers

    Mortgages come with personal liability and a lien on the property. This means if you do not pay, the mortgage holder can take the property away to pay the debt and or sue you personally for cash. When you file Chapter 7 and sign a reaffirmation, its like pretending the bk never happened and the bk does not affect the mortgage. You are still personally liable. If you do not sign a reaff, you can keep paying for the house, maintaining the property, paying the taxes and insurance BUT you...

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  10. What document proves that my sister is executor of my mother's will?

    Answered over 1 year ago.

    1. Deborah Ann Stencel
    2. Jason Todd Studinski
    3. Charles Adam Shultz
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    I would start by asking the NY DMV what document they will accept. They may want a copy of the will, a copy of Letters of Administration, stamped by the court, or simply an affidavit. It depends on whether the estate was probated or not and under what authority your sister was acting. Wisconsin has a few ways of handling estates even when there is a will which depend on how much property is in the estate. Your sister should have copies of anything you need or possibly the Probate Court in...

    6 lawyers agreed with this answer