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.
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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.
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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an assignment for benefit of creditors as a solution for businesses facing financial trouble, but the chapter is badly out of date.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.
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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.
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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.
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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