February 20, 2012
New Payment Address
Our payment address has changed. The new address is:
Mont L. Martin, Trustee
P.O. Box 681108, Chicago, IL
60695-2108 October 18, 2011
Best Practice: Include Trustee's Final Status Report with Voluntary Dismissal Requests
More and more, courts are looking for the trustee's final accounting before signing orders to dimiss on debtor's motion. The best approach is to contact us for our final accounting and include it with the motion papers. September 21, 2011
WeEnergies Adopts New Policy; Disconnects Resume
In the wake of Judge Pocan's 8/25/11 ruling (see below), We Energies announced a new policy today that filings under 128.21 will no longer stop service disconnections or qualify for reconnection of utility services. The policy will be applied prospectively, i.e., cases filed as of 9/20/11 will not be affected by the new policy. August 25, 2011
Milwaukee County Judge Pocan Rules 128.21 Stay not applicable to utility service providers
Milwaukee County Judge William Pocan ruled today that the stay under 128.21 (2)does not apply to utility service disconnections. The 128.21 stay applies only to attachments, garnishments and executions of judgments. Service disonnections do not constitute any of the above. July 13, 2011
Milwaukee County adopts new Petition and Order Enjoining Creditors and Appointing Trustee forms
The Milwaukee County Circuit Court Civil Division has revised its form Petition and proposed Order Enjoining Creditors and Appointing Trustee, effective today. We would be happy to forward the forms to you upon request. Just use the Contact Us form on this website. June 3, 2011
Watch the plan payment due date
The courts are not uniform in setting the date when the first plan payment is due. The range generally is between ten and 30 days after the order is signed. The best practice is to advise the client to be ready to make the first payment within two weeks after the case is filed. May 3, 2011
Court adjourns hearing on We Energies' motion.
Milwaukee County Circuit Court Judge William Pocan adjourned the hearing on the motion of We Energies for Declaratory Judgment to June 28, 2011 at 9:00, to allow further briefing on whether Wis. Admin. Code PSC 113 has any impact on the question whether the stay under 128.21(2)bars utility shut-offs. April 1, 2011
We Energies files Motion for Declaratory Judgment
In a pending case, We Energies has filed a motion for a ruling that the stay under 128.21(2) does not apply to utility shut-offs. A hearing is set for May 2 at 1:30. March 11, 2011
Milwaukee County adopts local rules
The Milwaukee County Circuit Court has adopted Local Rule 3.30 concerning debt amortization proceedings under Sec. 128.21, effective April 1, 2011. The Rule prescribes the forms and procedure for commencing a case in Milwaukee County which have informally been in place for a year. New are the requirement that the petition state the debtor's place of employment, and a provision that the court will not act on a deficient filing, and will dismiss such a case without notice after 30 days, if the deficiency is not corrected. Contact our office for a copy of the forms and outline of the procedures. Best practice: calendar your cases for 25 days after filing to be sure the court has issued the first Order. March 1, 2011
Court dismisses case involving We Energies' Motion for Delaratory Judgment
Judge William Sosnay dismissed Milwaukee County Circuit Court Case No. 2010CV010650 on the trustee's motion on grounds that the debtor was not funding the plan. Consequently, the court did not reach We Energies' Motion for Declaratory Relief. February 1, 2011
We Energies Moves for Declaratory Judgment
In a pending case, We Energies has filed a motion to have the court adjudge that the utility is not bound by the stay under 128.21. The case is pending before Judge William Sosnay, Milwaukee County Circuit Court Case No. 2010CV010650. Arguments will be heard April 11, 2011 @ 10:00. Debtor's counsel is Emory Booker.
November 1, 2010
County Treasurer may foreclose on property taxes included in a 128.21 plan
Milwaukee County Circuit Court Judge Dennis Maroney ruled that, under 128.21(8) the Milwaukee City Treasurer may foreclosure on delinquent property taxes that are provided for in a 128.21 plan. |
