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Clients facing financial distress probably will not think about income tax planning. Their focus is on the debt. David Krekeler discusses the tax consequences of bankruptcy – and how they may be avoided.

State funding for civil legal aid could support thousands of families, streamline court operations, and create economic returns for communities. Let your lawmakers know your thoughts on civil legal aid funding as they build the next state budget.

New federal guidance outlines the necessary facts for obtaining a discharge of federal student loans in bankruptcy. David Krekeler and Noe Rincon outline the history of student loans in bankruptcy and discuss the new guidance.

Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

The 2023-24 Wisconsin legislative session was a busy and successful one for the State Bar and its lobbying sections. This Rotunda Report gives a brief summary of section positions and accomplishments.

A creditor who waited until after a debtor’s discharge to argue that the debtor’s interest in a company was not worthless waited too long under the bankruptcy rules, the U.S. Court of Appeals for the Seventh Circuit has held.

As tension hangs over the fall session of Wisconsin's legislature, these are the issues that the State Bar and its practice sections will be monitoring.

Over the last two years in Wisconsin, farmland values have been increased by roughly one-third – but it’s not all good news for Wisconsin farmers. J. David Krekeler talks about the good, the bad, and the ugly for farmers when their land values increase.

A worker's compensation settlement agreement that required $400,000 to be paid to a law firm’s trust account created an express trust for the claimant’s medical creditors, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The State Bar's fifteen practice sections that participate in the lobbying program are gearing up to make a big impact in the 2023 legislative session.

The Perishable Agricultural Commodities Act prevents unfair and fraudulent conduct and can help your farm clients to be paid by wholesalers. David Krekeler discusses when claims under the Act involve a business entity that has filed bankruptcy.

Summer is a time for enjoying Wisconsin’s lakes and rivers – but boating injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy. David Krekeler discusses options for debtors involved in boating accident cases.

The bankruptcy code does not allow a lawyer to discharge more than $12,000 in sanctions imposed by the Wisconsin Office of Lawyer Regulation (OLR), the U.S. Court of Appeals for the Seventh Circuit has ruled.

Former bankruptcy debtors have many steps, options, and resources to help them on the road to financial independence. John Menn outlines practical steps for bankruptcy clients to take to gain a fresh start on their finances.

The COVID-19 pandemic has monumentally impacted businesses, and bankruptcy filings are expected to increase in 2021 as government aid runs out – affecting many Wisconsin businesses. Jennifer Knackert discusses key steps Wisconsin businesses should take when bankruptcy disrupts their supply chains.

The addition to the U.S. Bankruptcy Code of new small business reorganization provisions presents opportunities for some businesses to get out from under debt more quickly and cost effectively.

Even before the coronavirus struck, farming has been changing. David Krekeler discusses the changes, over the past century, that have altered the family farm in Wisconsin – and gives an overview of Chapter 12 farm bankruptcies.

Clients may turn to you for help and advice on the pros and cons of filing for bankruptcy, so bankruptcy might appear to be an attractive addition to your practice. However, to actually help your clients by offering competent advice, there are several factors to consider.

A federal bankruptcy court in Illinois, in a case of first impression, held that a contract’s force majeure clause was “unambiguously triggered” when the state’s governor issued an executive order closing restaurants because of COVID-19.

With the ongoing pandemic's impact on the economy, bankruptcy lawyers are seeing an uptick in calls from people worried about their finances, says James V. Block.

The authors identify practice areas in which cases related to the COVID-19 outbreak have been or are likely to be brought, including employment, consumer, personal injury, and insurance law.

A new federal law effective Feb. 19, 2020, is designed to simplify bankruptcy reorganizations for small businesses by reducing procedural and cost burdens.

Recently signed into law, the Family Farmer Relief Act more than doubles the debt limit for family farmers seeking Chapter 12 bankruptcy relief. J. David Krekeler discusses the impact the Act may have, and why action is needed to assist family farmers.

When clients' names in a divorce are not on a real property deed, protect their marital interest with a lis pendens. Cassel McClure Villarreal discusses lis pendens, an effective tool in protecting your client’s real property interest in divorce.

Wisconsin Statutes chapter 128 provides for an assignment for benefit of creditors as a solution for businesses facing financial trouble, but the chapter is badly out of date. It is time to look critically at the statute, modernize it, and provide real guidance to parties and state court judges.

Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

There was an increase in farm bankruptcies in 2017 and 2018 in Wisconsin, making them among the most in the nation. David Krekeler discusses the implications of the trend and its impact on family farms.

Solving the financial problems of a family farm requires all the skills possessed by good insolvency lawyers as well as an understanding of agricultural business and production, says J. David Krekeler. Helping a family farm business requires knowledge of the various factors and challenges unique to a family farm.

The Judicial Conference Advisory Committees on Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure have proposed amendments to respective rules and forms and is requesting comments from the bench and bar.

Tom Watson warns, lawyers unfamiliar with recent bankruptcy law developments risk committing errors that could harm their clients and endanger their own disciplinary records.

Attorneys who collect money owed are often deemed debt collectors, and are subject to special regulations imposed by both state and federal law – regulations that lawyers transgress at their peril. Let State Bar of Wisconsin PINNNACLE’s book Collections and Bankruptcy in Wisconsin be your guide.

One practice area lawyers cannot afford to ignore is bankruptcy. Because of bankruptcy courts’ broad jurisdiction, a wide variety of cases can be implicated, including evictions, foreclosures, the validity of and right to payment from trusts, consumer protection laws, defamation, and domestic support arrears.

Dec. 2, 2015 – As of yesterday (Dec. 1, 2015), U.S. Bankruptcy Court filers and attorneys must use new forms, including a new proof of claim form. The new forms, available online with instructions, are mandatory for all new cases.

Oct. 21, 2015 – Does confidentiality to a client intending to file bankruptcy trump a duty of disclosure to opposing counsel, the plaintiff, and trial court?

Real-life vacant houses don’t shelter ghosts or poltergeists, but the problems they cause can be as daunting to vanquish as any fictional apparition. A recent supreme court case illuminates the effect of zombie properties on homeowners, lenders, and surrounding communities. Although the decision offers some resolutions, many questions remain.

Mark Tetzlaff owes about $260,000 in student loan debt, including debt incurred while pursuing a law degree. Recently, U.S. Court of Appeals for the Seventh Circuit ruled that Tetzlaff’s student loan debt cannot be discharged in bankruptcy.

In a case involving the Archdiocese of Milwaukee, the U.S. Court of Appeals for the Seventh Circuit has ruled that protections on religious freedom won’t protect a $55 million transfer that diminished the Archdiocese's bankruptcy estate.

In 2009, Leonard Bronk borrowed $95,000 against his home and established five college savings accounts to benefit his grandchildren. Recently, a federal appeals court said the college savings accounts are shielded in bankruptcy because of a Wisconsin statute that allows resident debtors to shield certain property.

The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.

Rhinelander High School captured its 17th high school mock trial state title yesterday after defeating Shorewood High School in a very close final round judged by six members of the Wisconsin Supreme Court. The team will now advance to the National High School Mock Trial Tournament, May 8-10 in Madison.

Substantive consolidation is an equitable doctrine that allows a bankruptcy court to join entities that are members of the same group but are legally separate. This process typically has the effect of adding more assets to the pot for paying off creditors but also puts at a disadvantage creditors of the entities with higher asset-to-debt ratios.

Jan. 2, 2013 – The Internet has a variety of resources on bankruptcy law, and many of them are targeted to the consumer. However, there are resources valuable for the practitioner, whether you are an experienced bankruptcy attorney or new to this practice.

InsideTrack

July 5, 2012 – The Wisconsin Law Foundation (WLF) recently awarded $24,080 in grants to law-related programs in Wisconsin. Grants include educating the public on health care reform, providing estate planning services to Native Americans, smoothing the way through bankruptcy issues for pro se litigants, helping Spanish-speaking residents understand family court issues, expanding teen court programs, and supporting the State Bar-sponsored Mock Trial Program and the translation of a popular publicati

June 6, 2012 – Family law practitioners wishing to collect their fees as a potential creditor in a bankruptcy matter need to understand how the bankruptcy court views such debts. In this article, Milwaukee attorney Nathan Zimmermann provides insight based on a recent federal case.

Jan. 18, 2012 – The Wisconsin Law Foundation awarded $18,621 in grants to law-related programs in Wisconsin in 2011. Grants include educating the public on health care, bankruptcy, family court issues, and the State Bar-sponsored Mock Trial Program and Our Courts, a new State Bar-sponsored program in the development stages.

This is the second of a two-part series to familiarize nonbankruptcy lawyers with basic bankruptcy law concepts and practices. This part focuses on specific aspects of Chapter 7 and Chapter 13 proceedings and provides practice hints. Part 1 appeared in the March Wisconsin Lawyer.

Recent revelations concerning unreliable mortgage-processing methods nationwide have cast a negative light on industry practices but also opened the door to new defenses for homeowners and their lawyers involved in foreclosure actions. This article is a basic key for finding potential mortgage-document mistakes and using this information to help clients keep their homes.

Although the Act of God defense – that a defendant is insulated from liability for personal injury or property damages caused by a natural cause – is rarely used, it may become more common in the future if predictions of catastrophic weather events caused by global warming prove true.

Part one of this two-part series on bankruptcy law introduces concepts and practice tips so that nonbankruptcy lawyers may identify situations in which it is appropriate to consult with a bankruptcy attorney on the lawyer's own behalf or on behalf of prospective or current clients.

Feb. 16, 2011 - The Seventh Circuit Court of Appeals upholds sanctions against the client and his lawyer amounting to nearly $32,000 for filing a frivolous claim. That's just half of what the U.S. District Court for the Eastern District of Wisconsin imposed.

Oct. 20, 2010 – The Wisconsin Law Foundation recently awarded $18,240 in grants to law-related programs in Wisconsin. Recipients include ABC For Health, the Eastern District Bankruptcy Court Help Desk, CentroLegal, and the State Bar High School Mock Trial, We the People, and Judicial Teaching Institute Law-related Education programs.

If a foreclosure involves a federal interest, the requirements of 28 U.S.C. § 2410 apply, preempting any conflicting state statutes. This overview helps attorneys navigate the federal process and avoid the common mistakes and problems that can slow down or derail a state foreclosure proceeding.

Aug. 13, 2009 – Debtors and secured creditors may opt out of many – but not all – of the Uniform Commercial Code provisions when drafting a security agreement. In particular, the creditor’s obligations and the defaulting debtor’s rights in collateral are preserved.

Tenants whose landlords are in foreclosure might lose their security deposits and any prepaid rent, face eviction with 24 hours’ notice, and grapple with prospective landlords who refuse to rent to them because they were removed from a residential property because of a mortgage foreclosure. Wisconsin’s new Residential Tenants in Foreclosure Act and recent federal legislation now offer some protections to residential tenants.

Make sure you know what you’re doing before you expand your practice by taking on a bankruptcy case – or any other matter outside your usual practice area.

July 1, 2009 – Some circuit court filing fees across Wisconsin have increased effective July 1 as part of the new budget drafted by the Legislature and approved by the governor. A schedule of the fees is publicly available from the courts system.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

The American Recovery and Reinvestment Act of 2009 makes more than 300 changes to the Internal Revenue Code to provide nearly $300 billion in tax relief and other benefits to individuals, businesses, the environment, and state governments. This summary of the Act’s fundamental tax law changes provides attorneys with the working knowledge they need to advise their clients about the Act’s provisions.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

March 4, 2009 – The American Recovery and Reinvestment Act of 2009 is one of the most massive and far-reaching pieces of legislation in history. Through direct spending on infrastructure in the public and private sectors, and nearly $300 billion in tax relief, ARRA is intended to boost the economy out of recession. In all, the new law makes more than 300 changes to the Internal Revenue Code. Jamey Rappis gives an overview of the Act’s individual and business tax benefits.

Feb. 19, 2009 – The State Bar Public Interest Law Section (PILS) will present a free, on-demand training titled, “Medical Debt in Wisconsin: Strategies & Practical Tips for Volunteer Lawyers,” produced by the Public Interest Law Section and ABC for Health, Inc., with the support of a Pro Bono Initiative grant from the State Bar of Wisconsin’s State Bar Legal Assistance Committee. This program is free for attorneys who commit to provide pro bono service to low-income clients.

Wis. Stat. chapter 128 is an old, but still little-known alternative to bankruptcy that attorneys should explore as the first option for their clients who wish to repay debt and need the help of a structured plan to get back on their feet.

When the American dream of home ownership turns into a financial nightmare, the realities of foreclosure can intersect with many legal practice areas, including bankruptcy, family law, probate, employment law, worker’s compensation, business law, and real estate and property law. Lawyers who understand the foreclosure process can help clients facing difficult circumstances.

Consumers who are facing a mortgage foreclosure or who have been stung by a mortgage rescue scam can contact these entities for help

Although Wisconsin’s housing market did not overheat in recent years as the housing markets did in California, Nevada, and other areas, it is a mistake to view the meltdown and related mortgage foreclosures as someone else’s problem. The authors explain the factors on Main Street and Wall Street that led to the subprime mortgage meltdown and survey the resulting litigation fallout in Wisconsin and elsewhere.

The U.S. Bankruptcy Courts for the Eastern District of Wisconsin will institute mandatory electronic filing on Jan. 1, 2008.

Every year, more than 1,000 clients with identified legal needs and the ability to pay for legal assistance are unable to obtain a referral to an attorney through the State Bar’s Lawyer Referral and Information Service (LRIS) because there are no LRIS panel attorneys in the counties where callers need help.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

The Deficit Reduction Act of 2005 (DRA) is the most comprehensive change in the Medicaid laws since 1993. In 1993, with an aging U.S. population and rising nursing home costs, Congress passed the Omnibus Budget Reconciliation Act of 1993 (OBRA '93). OBRA '93 contained provisions that required states to try to recover the cost of Medicaid benefits paid, by passing new state laws mandating estate recovery and liens on homes.

The examples below examine how typical fact scenarios would have played out under the policies in effect before the Deficit Reduction Act of 2005 (DRA), and how they would work following the enactment of the DRA.

If you missed the 2005 Annual Bankruptcy Update seminar due to all your 341 hearings, here is your chance to learn about the provisions of the Bankruptcy Reform Act, which became effective Oct. 17, 2005. State Bar CLE Seminars will offer the video seminar on Jan. 23 at statewide locations.

Attend the 2005 Annual Bankruptcy Update seminar to learn how the new bankruptcy law, effective Oct. 17, will affect your Wisconsin practice. The Hon. Keith Lundin and Henry Hildebrand III, Chapter 13 Trustee, will bring their nationally acclaimed presentation, "Consumer Bankruptcy after the Bankruptcy Abuse and Consumer Protection Act of 2005," to the full-day seminar.

At its July 22 meeting, the Board of Governors opposed proposed legislation that would allow real estate brokers to provide legal advice, affirmed the Legislative Oversight Committee’s decision on section advocacy on the proposed marriage amendment to the Wisconsin Constitution, authorized the ADR Section to file an amicus brief, approved revisions to the State Bar strategic plan and supported the current ABA delegate representation at the state level, among other actions.

President Bush signed into law sweeping bankruptcy legislation, S. 256, containing provisions that will dramatically increase the liability and administrative burdens of debtor bankruptcy attorneys and seriously impinge on the effective legal representation of many Wisconsinites.

There are a myriad of considerations that may enter into a decision to file a bankruptcy. However, for the run-of-the-mill consumer debtor, there are usually only a few.

There are a myriad of considerations that may enter into a decision to file a bankruptcy. However, for the run-of-the-mill consumer debtor, there are usually only a few.

Wisconsin federal judges, experienced practitioners, and trustees will examine the most current issues concerning business and consumer bankruptcies at the 2004 Annual Bankruptcy Update. The program will include a comprehensive case law update and substantive presentations with commentary from an outstanding judicial panel.

The House passed a bill designed to help people whose credit histories are damaged by bankruptcy filings that have been maliciously filed by third parties.

In December 1992, the U.S. Bankruptcy Court, Eastern District of Wisconsin set $1,000 as a "reasonable fee" for attorneys representing debtors in Chapter 13 cases. The court now is considering a general order increasing the fee to $1,250.