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STANEK

LAW OFFICE

Chapter 7 bankruptcy protection is by far the most popular form of personal bankruptcy. It allows debtors to get rid of most or all of their debts and start over with a fresh start. You must be eligible to file for a Chapter 7 bankruptcy. First, if you have previously filed a Chapter 7, you must wait 8 years before filing another Chapter 7. Second, if you make more than the median income for your household size, you are ineligible to file a Chapter 7. Currently, the median income for a household of two in Wisconsin is $59,668. If you are over this amount, there are deductions that can be used to reduce your income to become eligible for a Chapter 7.

What makes a Chapter 7 so popular is that you can get rid of (discharge) all unsecured debt. Unsecured debt include medical bills, credit cards, payday loans, some personal loans and old utility bills. 

Debt collectors are regulated by the Fair Debt Collections Practices Act (FDCPA). If you have had enough of collection calls, debt collectors must cease all contact upon either of the following:

  • After it knows the consumer to be represented by an attorney, unless the attorney consents or is unresponsive. § 1692c(a)(2); or 
  • After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication. § 1692 c(c). 

If a debt collector continues to contact you, they are in violation of the FDCPA and can be sued in court. See my FDCPA page for more information. Additionally, the Telephone Consumer Protection Act (TCPA) prohibits calls to cell phones after the consumer has revoked their consent to be called. Penalties for violations of the TCPA are $500 to $1,500 per call. See my TCPA page for more information.

For further information, call or email Stanek Law Office for a free consultation.

I am a debt relief agency.  I help people file for bankruptcy relief under the Bankruptcy Code.