Author Topic: WI Statute 128 questions  (Read 1248 times)

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waytootired

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WI Statute 128 questions
« on: September 19, 2015 02:20:15 AM »
A year ago I filed a WI "Chapter" 128, including some $16,000 worth of debts, medical and miscellaneous credit, all original creditors.  Paid on this for several months, but lost my work and since then, for several months, have been limping along just keeping the case open with payments, by the skin of my teeth and a large dent in the refrigerator.  The last two months I missed the payments, and so now have received the mailing notifying me that the trustee has filed an order for dismissal of the case.  Some of this debt includes the shameful payday loan variety (I was trying to get by at the time; please don't chastise me severely, I'm already kicking myself about it), but thought it was worth mentioning.  I have gotten a new job and hope to be able to get caught up on my car payments and be able to begin paying this again within a month if I can get it reinstated. 

At any rate, my questions are these:  Is it worth it to try to reopen the case and get it reinstated?  If so, would the best thing to do be to research the cases of attorneys who are in the 128 arena and see what they have done to reinstate a case?  I was thinking expressing the difficulty experienced in the last few months, and then requesting to recalculate the balance and the monthly payment and make the change, and throwing in that this is better than bankruptcy for all involved might get the judge to allow it. 

Does anyone have any thoughts or experience in this arena?  I know that this isn't a common statute in other states, but I know there are several members here who live in Wisconsin and have experience using the pro-consumer laws here to advantage. 

Thanks in advance for your input.
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BrokeBob

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Re: WI Statute 128 questions
« Reply #1 on: September 19, 2015 04:12:06 AM »
A year ago I filed a WI "Chapter" 128, including some $16,000 worth of debts, medical and miscellaneous credit, all original creditors.  Paid on this for several months, but lost my work and since then, for several months, have been limping along just keeping the case open with payments, by the skin of my teeth and a large dent in the refrigerator.  The last two months I missed the payments, and so now have received the mailing notifying me that the trustee has filed an order for dismissal of the case.  Some of this debt includes the shameful payday loan variety (I was trying to get by at the time; please don't chastise me severely, I'm already kicking myself about it), but thought it was worth mentioning.  I have gotten a new job and hope to be able to get caught up on my car payments and be able to begin paying this again within a month if I can get it reinstated. 

At any rate, my questions are these:  Is it worth it to try to reopen the case and get it reinstated?  If so, would the best thing to do be to research the cases of attorneys who are in the 128 arena and see what they have done to reinstate a case?  I was thinking expressing the difficulty experienced in the last few months, and then requesting to recalculate the balance and the monthly payment and make the change, and throwing in that this is better than bankruptcy for all involved might get the judge to allow it. 

Does anyone have any thoughts or experience in this arena?  I know that this isn't a common statute in other states, but I know there are several members here who live in Wisconsin and have experience using the pro-consumer laws here to advantage. 

Thanks in advance for your input.

There are only a few on this board who have done a 128.
My suggestion would be to contact the trustee about whether it would be possible to get back on track. As far as restructuring payments, I don't know if the trustee has the power. This is supposed to be paid off in 3 years.

These cases are pretty rare. I don't know what you could find on CCAP. The only way I've been able to find 128 cases on CCAP is by looking up cases of people on DB.

trueq

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Re: WI Statute 128 questions
« Reply #2 on: September 19, 2015 09:49:56 PM »
First, call the trustee and tell them you want to solve problem immediately.   Borrow money from relatives if you have to.

If trustee refuses to cooperate and withdraw his request for dismissal....

Is the dismissal set for a hearing?

If so, go to hearing and oppose the petition for dismissal.

If no hearing, write an opposition brief to the dismissal motion....then judge needs to set hearing.

In opposition brief, I'd explain what happened and propose solution.   (i.e.  you will catch up on payments on X date and continue the original plan thereafter for instance.)

It's important to keep this from being dismissed because your payments may be lost to the creditors in the plan.   (the creditors may not properly credit you the payments you have made and the back interest can now be added that was arrested in the plan.)

I'd act immediately on this, you don't want dismissal to happen on a 128.

« Last Edit: September 19, 2015 10:41:38 PM by trueq »
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