Best Practices

May 23, 2016

Under newly enacted Sec. 801.19, effective July 1, 2016, social security and financial account numbers, such as credit card account numbers, should not be mentioned in any documents being filed with the courts.  In 128.21 cases, redact this information from the court copy of the Affidavit of Debts, but DO include it in the copy you provide to the trustee.  It is vital information for creditors to properly apply payments from the trustee.

October 1, 2012

128.21 pleadings may be filed electronically in many counties. For a list of participating counties and instructions for registering, go to: www.wicourts.gov/ecourts/efilecircuit.htm. When filing electronically, format the Order Enjoining Creditors and Appointing Trustee in Word, not PDF, so the court can make changes and sign it. Also, be sure to send a copy of the signed Order to the trustee. Lastly, because all electronically filed papers are reviewed before being accepted, the filing may be delayed, also delaying the automatic stay. Best to file urgent cases in person.

October 18, 2011

More and more, courts are looking for the trustee's final accounting before signing orders to dismiss on debtor's motion. The best approach is to contact us for our final accounting and include it with the motion papers.

June 3, 2011

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.