Legal Protection Via Bankruptcy Laws

Looking for a lifeline to get out of debt once and for all? Bankruptcy may be right for you. However, bankruptcy laws are complex and not all attorneys are equipped to provide the best results for your case. Your first priority should be to contact a law firm that is 100% focused on bankruptcy; one that will relate to your financial situation and clearly explain your legal rights and options. Here are a few of the key consumer bankruptcy laws that your Debt Advisors lawyer can help explain:

    • Bankruptcy Abuse Prevention & Consumer Protection Act ,(BAPCPA)
    • Wisconsin Consumer Act
    • Fair Debt Collection Practices Act. (FDCPA)

Bankruptcy Abuse Prevention & Consumer Protection Act (BAPCPA)

This act was passed in 2005 to protect WI consumers and support bankruptcy abuse prevention.  Many amendments to the bankruptcy code have been passed since its inception, including a requirement to take a “means test” to determine if a debtor is qualified to file either Chapter 7 or Chapter 13 Bankruptcy.  The means test is administered and submitted by a local bankruptcy attorney to determine current monthly income, expenses and eligibility.  For example, if the current monthly income is higher than the median income then Chapter 7 cannot be filed safely without abusing bankruptcy laws.  Here are a handful of the 2016 bankruptcy code amendments that impacted the Consumer Protection Act:  Production of Tax Returns and other documents, the bankruptcy Means Test, limits on Automatic Stay, and more protection for consumers after bankruptcy has been filed.

The Wisconsin Consumer Act

We want you to know that there are Wisconsin laws that offer legal protection.  Many laws are designed to protect consumers- whether you file for bankruptcy or not. If one files bankruptcy, then The Wisconsin Consumer Act protects during and even after filing. Sometimes banks or other creditors will carry out behavior which is illegal according to the WI Consumer act.  For example, they may try to continue to collect for debt that is no longer the responsibility of the debtor.  In the event that this happens to you, is important to have a general understanding of consumer protections such as The Wisconsin Consumer Act.

The Fair Debt Collection Practices Act.  (FDCPA)

The Federal Trade Commission also provides protection through the Fair Debt Collection Practices Act.  This includes the prevention of fraud, deception, or misrepresentation by those entities who wish to collect unpaid bills and loans.  This act pertains to household debts, personal debts, and family debt such as medical bills, car loans or credit cards.  However, it does not cover debts incurred to run a business.

COVID-19 Cares Act

As a response to COVID-19 “The CARES Act,” (Federal Stimulus Bill), was signed into law in March of 2020. Under this act are many consumer protections such as suspensions on foreclosure, evictions, student loan forbearance, limits on debt collection, elimination of interest and more. In December “The Continued Assistance Act of 2020” was signed. Most recently, “The American Rescue Plan Act of 2021” was signed. According to the CDC’s data, 48% of the country’s population is vaccinated as of July 12th, 2021. Wisconsin’s vaccinated population is not far behind that estimate. As COVID-19 related protections fade, consumers should begin to review their financial obligations to ensure that there is minimal loss of assets including eviction or foreclosure. If you feel that you may be at risk, talk to a Debt Advisors attorney today to learn your rights and protect what is yours; it’s the single most important thing that you can do right now.

We’re Here For You Wisconsin

When bills have become out of control, you are left feeling overwhelmed and exhausted. The last thing anyone in this situation needs is to be harassed or taken advantage of by banks, creditors, collection agencies or payday loan lenders.  When you find yourself in a desperate financial crisis, we don’t want you to lose your home, your car, or hope.

We offer consultations in person as well as virtually. The people you’ll speak with at Debt Advisors are bankruptcy experts regarding both Wisconsin and Federal bankruptcy.  We have (7) office locations across Wisconsin. Voted #1 bankruptcy law firm since 2012.  We have the experience and know-how to get you out of debt and on to a fresh new start. But don’t take our word for it – read what bankruptcy clients have to say about us!

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  • 5 star review  Positive: Professionalism ,  Quality ,  Responsiveness Quickly took all the pressures of collections and calls off mine and my wife's life. Fast to respond to questions and handle any concerns. Easy to work with and month out of my discharge my credit score in mid 600s . Can't thank our team enough.

    thumb James Blue
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    thumb Yolanda Curtis
  • 5 star review  Positive: Professionalism ,  Quality ,  Responsiveness ,  Value Was awesome to work with them! They helped me through a difficult time and really helped me move forward in life. Back over 700 credit score after 2 years from discharge and buying a new house.

    thumb Anthony Padovano (AJ)
  • 5 star review  Positive: Quality They helped me with the bankruptcy case and they were very helpful in the information and they were friendly

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    thumb Nicole Werther
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    thumb Shakima Kimbrough
  • 5 star review  Positive: Professionalism I have used Michael George at Debt Advisors a few times in the past, and enjoy the professional, knowledgeable service that he provides. His good sense of humor and easy going disposition make getting through your debt relief program a breeze! I highly recommend his services and helpful staff.

    thumb Ed Rose
  • 5 star review  Positive: Professionalism ,  Quality ,  Responsiveness Excellent communication and explanation of process. My questions were always answered in a timely manner.

    thumb Victor Perez

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