Benjamin Patrick Payne’s Answers

Benjamin Patrick Payne

Milwaukee Bankruptcy Attorney.

Contributor Level 11
  1. I am about to file Chapter 7 bankruptcy but have 1 credit card that is automatically deducted from my checking acct. each month.

    Answered about 2 years ago.

    1. Benjamin Patrick Payne
    2. Jonathan Silvanus Udoka
    3. Howard Aaron Lazarus
    4. Jay K. Nixon
    4 lawyer answers

    Contact your bank and follow their procedure for discontinuing the automatic payment. It's your checking account and automatic payments only come out of it with your consent, which you gave when you initially authorized automatic payments. That consent can be withdrawn simply by following your bank's procedure for discontinuing automatic payments. Even if you didn't cancel the automatic payment prior to filing your bankruptcy case, upon receipt of notice of your bankruptcy filing, the...

    11 lawyers agreed with this answer

  2. I am considering Chapter 7 Bankruptcy. I have a large civil judgment that I can not pay and I need a fresh start.

    Answered about 2 years ago.

    1. Benjamin Patrick Payne
    2. Robert A. Stumpf
    3. Gary Dean Hoffman
    4. Kathleen M. Dunne
    5. Michael A. Goldstein
    5 lawyer answers

    I agree with attorney Nixon, who I know to be a good bankrutpcy lawyer. It is important that you choose a bankruptcy lawyer with experience litigating adversary proceedings, which is the technical term for a lawsuit brough by a creditor in your bankruptcy case to try to have that creditor's claim excepted from the bankruptcy discharge. Simply having such an attorney as your bankruptcy attorney will make it far less likely that your problem creditor will cause you problems in your bankruptcy...

    6 lawyers agreed with this answer

  3. If I want to transfer stocks to another person, how long do I need to wait before filing bankruptcy?

    Answered over 2 years ago.

    1. Benjamin Patrick Payne
    2. Gregory A. Holbus
    3. Ryan Douglas Caldwell
    3 lawyer answers

    I strongly recommend you not transfer ownership of any assets (including your stocks) without first consulting with a good bankruptcy lawyer. If you transfer ownership of your stocks to someone considered a friend, family member, or current or former business partner, that transfer could be "undone" by a bankruptcy court for the period of at least one year from the date of the transfer and possibly as long as 4 years, even if you can prove that you owe that person as much or more money as the...

    6 lawyers agreed with this answer

  4. Is now a good time to file bankruptcy?

    Answered almost 2 years ago.

    1. Benjamin Patrick Payne
    2. Jay K. Nixon
    3. Michael Avanesian
    4. Dorothy G Bunce
    4 lawyer answers

    Good work keeping your head above water throughout your medical ordeal and for being proactive about your financial future. Your focus is on the right issue: timing. It's not a matter of whether you will file a bankruptcy case, but when. You should time the filing of your bankruptcy case so that you can have a high level of expectation that you will not incur any more uninsured medical or other expenses that you can't afford to repay. It sounds to me like your financial life may be a...

    5 lawyers agreed with this answer

  5. Correcting creditors address on my bankruptcy

    Answered about 2 years ago.

    1. Benjamin Patrick Payne
    2. Jay K. Nixon
    3. Robert A. Stumpf
    4. Dorothy G Bunce
    4 lawyer answers

    You should prepare an amended Schedule D,E, or F (depending on which schedule the incorrect address appears) listing the corrected address for that creditor. The Bankruptcy Clerk will probably charge you an amendment fee of under $20.00 for the amendment. You should also mail a copy of your Notice of Meeging of Creditors to the creditor whose address was originally wrong and then prepare and file a "Certificate of Mailing" with the bankrutpcy court, for which there is no charge. The...

    4 lawyers agreed with this answer

  6. Foreclosure during/after Ch 7: Should we keep home. ins? Should we be worried about past due taxes? Should we do a DiL?

    Answered over 1 year ago.

    1. Benjamin Patrick Payne
    1 lawyer answer

    With respect to the homeowner's insurance, unless you reaffirmed your home mortgage note(s) in your bankruptcy case, your liability to the mortgage company is limited to the mortgage holder's right to foreclose the property and recover the value of whatever it's worth. You aren't under a legal obligation at this point to insure the replacement value of the property and, as a practical matter, the mortgage holder's interest in the property is probably insured by an umbrella insurance policy...

    3 lawyers agreed with this answer

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  7. My parents are 85 and 83 and live in Illinois.Can they stop paying on credit cards. The combined amount is over 25000.00

    Answered over 2 years ago.

    1. Benjamin Patrick Payne
    2. Dorothy G Bunce
    3. Alan D. Walton
    3 lawyer answers

    It may be that your parents are what we call "judgment proof." Judgment proof means that although the credit card companies may (and likely will) eventually sue your parents if they cease payments on the credit cards, there is nothing the creditors can do with those judgments to compel payment from your parents. If all of their income is from social security, those funds cannot be garnished by a judgment holder because those benefits are "exempt" (protected) by federal law from the claims of...

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  8. Will child support get to see my bankruptcy and wages?

    Answered over 3 years ago.

    1. Benjamin Patrick Payne
    2. Jeffrey B. Lampert
    3. Lysbeth Goodman
    3 lawyer answers

    The bankruptcy judge doesn't have much involvement in your bankruptcy case, regardless of whether your case is a Chapter 7 or a Chapter 13. The person who oversees your Chapter 7 or 13 case is called the "trustee" and the trustee will contact the party to whom you make your child support payements and can share any information about your case that the trustee has. Regardless of whether you file Chapter 7 or 13, you are required to list the name and address of the party (or agency) to whom you...

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  9. How can I protect my spouse from my filing Bankruptcy in a marital property state?

    Answered over 3 years ago.

    1. Benjamin Patrick Payne
    2. Theodore Lyons Araujo
    3. Staci A Roccanova
    3 lawyer answers

    Both of the other attorneys who answered your question are wrong. Wisconsin is a marital property state and attorneys from states that do not have marital property law are often surpised at the complications marital property law causes in cases like yours. If you file a bankruptcy case in wisconsin and your spouse has incurred any debt during the time you have been married, such debt is presumed to be marital debt and results in you having to list those debts in your own bankruptcy filing....

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  10. Do I Need a bankruptcy attorney.

    Answered about 1 month ago.

    1. Michael L Detzky
    2. Cecelia J Pollara
    3. Benjamin Patrick Payne
    4. Waymon S. Harrell
    5. Sandra A Kuhn Esq.
    6. ···
    6 lawyer answers

    The trustee can't do anything to that property without convincing the judge he's entitled to reverse the sale of 1/10th of the 25 acres to you (and presumably to other family members). If the trustee believes your brother sold you 1/10th of 25 acres for less than what a stranger would have paid your brother for that land, then it's possible that the trustee could have the sale to you (and maybe similar sales to others) reversed. Yes, you'll need an attorney to attempt to negotiate with the...

    2 lawyers agreed with this answer