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A Guide to Filing Chapter 128 in Wisconsin: A Debt Consolidation Alternative

Posted by Nathan DeLadurantey | Dec 25, 2023

n the realm of financial challenges, Wisconsin residents facing overwhelming debt may find relief through a unique state-specific solution: Chapter 128. While not a  bankruptcy filing, Chapter 128 offers individuals a chance to reorganize their debts outside the federal bankruptcy system. In this guide, we'll walk you through the process of filing Chapter 128 in Wisconsin and shed light on its benefits.

Understanding Chapter 128:

Chapter 128 is a Wisconsin state law that provides a legal framework for debt consolidation and repayment. Unlike federal bankruptcy options, Chapter 128 allows individuals to create a manageable repayment plan without the stigma associated with bankruptcy.

Step 1: Seek Professional Advice:

Before delving into the Chapter 128 process, it's crucial to consult with a knowledgeable attorney specializing in Wisconsin debt relief. A legal professional can assess your financial situation and guide you on whether Chapter 128 is the right fit for your circumstances.

Step 2: Determine Eligibility:

Chapter 128 is generally available to Wisconsin residents with a regular income and the ability to repay their debts within a reasonable time frame. Your attorney will help you assess your eligibility based on specific criteria.

Step 3: Prepare the Chapter 128 Petition:

Working closely with your attorney, you'll need to prepare a comprehensive Chapter 128 petition. This document outlines your financial situation, details about your debts, and proposes a feasible repayment plan.

Step 4: File the Petition:

Once the Chapter 128 petition is ready, file it with the appropriate county court in Wisconsin. Be aware of any filing fees associated with the process, and check with the court for the most up-to-date information on fees.

Step 5: Automatic Stay:

Upon filing the petition, an automatic stay takes effect. This means that creditors are generally prohibited from pursuing certain collection actions during the Chapter 128 process, providing you with temporary relief.

Step 6: Repayment Plan Approval:

The court will review your proposed repayment plan. If it meets the necessary requirements and is deemed reasonable, the court may approve it. Repayment plans  span 36 months or less.

Step 7: Make Payments:

After approval, you'll make regular payments to a court-appointed trustee. The trustee will then distribute the funds to your creditors according to the approved plan.

Step 8: Completion and Fresh Start:

Upon successfully completing the repayment plan, any remaining eligible debts may be discharged. This marks the end of the Chapter 128 process, giving you a fresh financial start.

Conclusion:

Chapter 128 in Wisconsin offers a viable alternative for individuals struggling with debt, providing a structured and court-approved path to financial recovery. Remember, this guide is a general overview, and seeking professional advice is essential for navigating the complexities of Chapter 128 successfully. Consult with an experienced attorney to ensure the best possible outcome for your unique financial situation.

Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online. 

About the Author

Nathan DeLadurantey

Nathan DeLadurantey ATTORNEY [email protected] Nathan is a skilled consumer lawyer who handles cases and trials all over Wisconsin. Phone consultations are always free and welcomed. Nathan has helped clients receive large jury verdicts and settlements stemming from consumer law violations, and is ready and able to assist.

CONTACT ME TODAY

The DeLadurantey Law Office, LLC is committed to answering your questions about Vehicle Repo's, Credit Report/Identity Theft, Auto Fraud, and Debt Collection Abuse law issues in Wisconsin.

We offer free consultation and look forward to discussing your case. Contact us today to schedule an appointment.

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