Edward W. Harness’s Answers

Edward W. Harness

Milwaukee Bankruptcy Attorney.

Contributor Level 11
  1. Discharged Chapter 7 but Best Buy sent reaffimation letter about item purchased almost three year ago (may of 2010).

    Answered over 1 year ago.

    1. Edward W. Harness
    2. Omar Mahmoud Badr
    3. Carl H Starrett II
    4. Gregory A. Holbus
    5. Ryan J. Harrington
    6. ···
    7 lawyer answers

    If you had an attorney represent you in the bankruptcy, you should consult with them. If the security interest in your Best Buy goods is valid, Best Buy must file a replevin action to take back the property. The items you purchased are protected by the Wisconsin Consumer Acts. Bass is not coming to WI to file a law suit to recover your Best Buy purchase. Send Bass a copy of your Discharge and they will go away!

    11 lawyers agreed with this answer

  2. Personal injury settlement after chapter 7 discharge.

    Answered over 2 years ago.

    1. Edward W. Harness
    2. Alan D. Walton
    3. S. David Rosenthal Esquire
    3 lawyer answers

    No, it will not affect your discharge or create any obligation to the creditors discharged in your bankruptcy. A personal injury settlement does not meet the criteria set forth in Sec. 541 (a) (5) acquiring an interest in property within 180 days of filing your case. It wont hurt to ask your attorney that represented you in your bankruptcy and if you hire an attorney for your accident advise them as well.

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  3. Can I pay off a student loan or portion of one with my credit card? Can I then file that credit card in my Chapter 7 or 13?

    Answered 8 months ago.

    1. Edward W. Harness
    2. Robert J Adams Jr.
    3. Jay K. Nixon
    4. Anthony Matthew Vassallo
    5. Brett D Weiss
    6. ···
    6 lawyer answers

    This is a question to ask your attorney. If you are filing Pro Se, then you must be careful you don't make a preferential payment. You can pay your bills as usual, but don't pay off a credit card in the hopes you can keep that card. Also, you must be careful about paying friends or family members any debts you owe them.

    7 lawyers agreed with this answer

  4. If I file a chapter 7 almost 3 years ago. Can I file a chapter 13 to get my vehicle back from a repossession.

    Answered 9 months ago.

    1. Edward W. Harness
    2. Robert J Adams Jr.
    3. Daniel J. Winter
    4. Alan D. Walton
    5. Joseph Ryan
    5 lawyer answers

    Yes, you can. But you'll have to hurry. Once the vehicle is repossessed, the lender only has to wait 14 days to sell the car at auction. Did you own this car during your chapter 7? If so, did you sign a reaffirmation agreement? Those are questions you should discuss with an attorney before you file a chapter 13 to get your car back.

    6 lawyers agreed with this answer

  5. Will re-opening bankruptcy harm my credit score?

    Answered 10 months ago.

    1. Edward W. Harness
    2. Julianne R. Frank
    3. Robert J Adams Jr.
    3 lawyer answers

    Your lender is not being truthful with you. It does not need a re-affirmed loan in order to refinance. They want to expose you to the liability of the mortgage from which your bankruptcy protected you. I suggest finding a different lender or instead trying to modify your mortgage under a government or internal program.

    6 lawyers agreed with this answer

  6. If my home is in foreclosure am I still responsible for the taxes on my property? I don't have money to waste, please help..

    Answered over 1 year ago.

    1. Edward W. Harness
    2. Nicholas C. Zales
    3. John P Fazzio III
    3 lawyer answers

    You are responsible for the property taxes, until the property is no longer in your name. However, if the home is puchased at the Sheriff Sale, the property taxes will be paid from the proceeds of the sale and you will not have to pay them. You must make sure the home sells at auction. If it does then the city will not come after you for the taxes. If the home does not sell you will be responsible and the city will file an action in Small Claims Court in an attempt to collect the past due...

    6 lawyers agreed with this answer

  7. Do I need an arttorney to file chapter 128 in Wisconsin?

    Answered over 1 year ago.

    1. Edward W. Harness
    2. Tajara Dommershausen
    3. Nicholas J.B. Pasquale
    4. Jay K. Nixon
    5. Carl H Starrett II
    6. ···
    6 lawyer answers

    You do not need an attorney to file a Chapter 128. The court filing fee is around $35. Before you file I'd suggest a few things: go to Green Path Debt Counselors in Madison they do great work, get a consultation from a bankruptcy attorney that does both bankruptcy and Chapter 128, you may qualify for a filing fee waiver for the bankruptcy and the bankruptcy court has a self-help clinic. Lastly i would say if you file a 128, you may well be able to afford an attorney because the fees are...

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  8. Can a car be repos if a 7 Bky had been discharged without notice?

    Answered almost 2 years ago.

    1. Edward W. Harness
    2. Jay K. Nixon
    3. Stephen M Trezza
    4. Kathleen M. Dunne
    5. Deborah F Bowinski
    5 lawyer answers

    Wisconsin is a self-help state when it comes to car repossession. So, if you are in default and the creditor has complied with the Notice provisions of the law, YES they can take your car. Your chapter 7 bankruptcy protects you from the debt associated with the car, but does not give you extra protections for repossession. If they have not taken the car make sure you keep it in a locked garage until you can confirm they have received your payments. Then make sure you are back on schedule...

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  9. At fault in car accident w/ no insurance and other person insurance co is now suing me for $33K, can I file bankruptcy in WI?

    Answered 3 months ago.

    1. Edward W. Harness
    2. Jay K. Nixon
    3. Christian K. Lassen II
    4. Scott Douglas Camassar
    5. Sandra A Kuhn Esq.
    5 lawyer answers

    You can file bankruptcy to protect your driver's license, but you may have to pay a portion of the debt. Assuming you filed a Chapter 7 in 2009 you can file a Chapter 13 and get a discharge of debt. However, you may have an obligation to your creditors based upon your income. Speak to an attorney in Madison to help you.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. In Wisconsin is debt that is discharged by chapter 7 bankruptcy considered as income for that tax year?

    Answered 4 months ago.

    1. Edward W. Harness
    2. Blake Owen Brewer
    3. Arthur Wemegah
    4. Jay K. Nixon
    5. Matthew Scott Berkus
    6. ···
    6 lawyer answers

    Forgiven debt can be considered income. However, discharged debt is not forgiven debt. Your discharged debt is not taxable as income.

    5 lawyers agreed with this answer

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