Chapter 128 in WI

Date: Thu, 02/19/2009 - 10:07
Submitted by ddawn122667 on Thu, 02/19/2009 - 10:07
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2 years ago I finished my Chapter 128 plan in WI. I have since found myself in debt again, all payday loans and am seriously considering filing Chapter 128 again. The first time I filed, all my debt was on credit cards and a couple of payday loans. Everything went smoothly and did not have any problems. Now all I have is payday loan issues. I am married, but all the debt is in my name only. Can I file in my name only? The first time I was able to file my name only because all the credit cards were in my name only. Please help!


I'd imagine you can file in your name only. But because Wisconsin is a community property state (your husband is responsible whether he signed or not), I'm not sure how filing a 128 by yourself might affect him. It depends whether a 128 stay of collection applies to all debtors, or only the debtor that files. If a stay of collection does not apply to him, they may be able to concurrently try to collect from him while you are under 128 protection.

You would be best to ask the attorney who files for you, or the 128 trustee, how filing by yourself will affect your husband.


Submitted by DebtCruncher on Thu, 02/19/2009 - 18:01

DebtCruncher

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