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If you have fallen behind on bills, one of the most stressful things that can happen is a wage garnishment. Suddenly, a portion of your paycheck is taken before you ever receive it, making it even harder to pay your mortgage, rent, utilities, and other necessities....by | Dec 14, 2018 | Uncategorized
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Q: I was able to negotiate a payoff with one of my creditors. Why did I get a 1099 from them? Perplexed in Pewaukee A: Dear Perplexed: When you were successful in negotiating a smaller payoff from your creditor you, in essence, created a revenue stream for yourself....by | Sep 22, 2016 | Uncategorized
The new Best of Milwaukee 2016 is here! Show your support for your favorite Milwaukee businesses, people, and places: including restaurants, bars, musicians, parks, theaters, music venues, public officials, Milwaukee-made products and everything in-between. Vote for...by | Jun 13, 2016 | Let's Ask ESSER, Uncategorized
Q: I spoke with a lawyer about debt relief options and I was told I could either: 1.) File for chapter 13 or 2.) Stop paying any debts and wait until creditors sue and settle later. I am wondering what to expect if I chose option 2. I’m just extremely worried...“Hardships befall people for a variety of reasons, whether it’s medical debt from an unexpected illness, predatory interest rates from unscrupulous lenders, or exorbitant childcare or daycare costs. These and other problems lead to an enormous amount of debt and related issues, and I am proud to offer solutions and a safety net to give people a second chance.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: cmh@esserlaw.com
Attorney Holoyda was born and raised in Madison, Wisconsin where he lived through the end of high school. He attended Macalester College for undergraduate studies, and returned to Madison to attend UW-Madison Law School in 2008. He moved to Milwaukee and practiced bankruptcy at Geraci Law from 2011 through 2016. Holoyda took a shine to this area of law due to the personal nature of the practice; working with people to help solve real and significant problems in their lives is a constant reminder of why the work is important. After a stint teaching English as a Second Language, Attorney Holoyda joined ESSERLAW LLC in 2021 and made partner soon after. He finds that the most satisfying part of the work is saving clients’ vehicle or home and giving debtors a second chance by getting rid of crushing credit card or medical debt. These victories drive his bankruptcy practice and remind him that bankruptcy is important in improving clients’ day-to-day lives in addition to resolving their financial issues.
Depending upon the circumstance, when a retainer agreement is signed with ESSERLAW LLC, we can immediately send a letter to the creditor threatening action to let them know we have been retained and will be representing you to resolve your pending matter. Generally speaking, the court will send notice to creditors and bill collectors letting them know that
the petition for relief has been filed and that there is an automatic stay in effect under federal law preventing them from contacting you or taking further legal action against you or your property. Contact us and let us know about your specific situation, so we can determine what type of notice needs to be provided to protect you from further creditor action.
If you determine, after consultation, that filing a petition for relief under the bankruptcy code either under Chapter 7 or Chapter 13 is right for you, the filing of the petition for relief will trigger the automatic stay. Once the creditor is notified of the bankruptcy filing and the automatic stay, they know that they are prevented from further contact with you by federal law. If a creditor violates the stay, they are subject to being sanctioned by the bankruptcy court and could risk imposition of substantial fines or other penalties. Find out more about how the automatic stay works and whether you should be considering bankruptcy as relief for your circumstances.
Contact us now to find out how we can help!
You can still save your home!
If a bank, credit union or Mortgage Company obtains a foreclosure judgment against you, your home or other property can be sold at sheriff’s sale. Don’t let this happen! KEEP YOUR HOME! Chapter 13 was created to help save your property, top foreclosures, re-instate mortgages and cure payment arrearages. Chapter 13 is extremely flexible and allows an individual to consolidate all of their debts and then provide a plan of arrangement in which some debts, like mortgage arrears, car loans or tax obligations are paid back through the plan at a modified interest rate, while unsecured obligations such as utilities, credit cards, medical bills, payday loans, or other unsecured obligations will be forced by the court to provide deep discounts. Navigating a course through the waters of bankruptcy, can be fairly complex. At ESSERLAW LLC our experienced attorneys will work with you to fully evaluate your situation, including debt and income, and determine if Chapter 13 is your best option.
Contact us now to find out how we can help!
If a creditor obtains a money judgment against you, this means that your wages and bank accounts can be garnished or
that the court may direct the Sheriff to seize your property. Additionally, when the judgment is docketed, it becomes a lien on
your real estate. As a resident of Wisconsin, you enjoy a unique option when it comes to getting your debts under control. Chapter 128 allows you to organize your debt without filing bankruptcy. Chapter 128 is a provision under Wisconsin Statutes, not the federal bankruptcy code. Under a Chapter 128, or debt amortization plan, as it is often referred, an individual wage earner is allowed to select certain debts to include as part of a court supervised plan to be paid without interest over a term or up to 3 years. The debt must be paid in full, but it is paid back without interest. At the conclusion of the plan, the court issues an order determining that the debt has now been satisfied in full. There is no discharge. On the other hand the
person filing the Chapter 128 case is protected from wage garnishment by the creditor or creditors that are included as part of the repayment plan. Chapter 128 is a very effective tool for individuals who may be in a circumstance where they are not able to live up to the payments required by the creditor; but who could afford to pay if given more time. For instance, if an individual has taken out a payday or check cashing type loan, often times loan payments are scheduled weekly or bi-weekly and can include repayment terms or 500% to 750% interest! Under Chapter 128, that loan could be paid back under the court supervised plan without further addition of interest after the date of filing. This can amount to a huge savings for the
individual and peace of mind knowing that the individual’s wages are protected from execution or garnishment.
If the amount is too high to pay in a chapter 128 debt amortization plan, bankruptcy may be an alternative you should consider. Consolidate all your bills including mortgage arrears, car loans, income and real estate property taxes, credit cards, medical bills, utilities and high interest rate payday, student and other loans into one affordable monthly payment in chapter 13 or push the financial reset button and file straight chapter 7 bankruptcy to get a fresh start!
Contact us now to find out how we can help!
Tax levies can affect your property, bank accounts and wages. Even your IRA is not safe from the Internal Revenue Service! How much the IRS will take from your wages can be devastating. The IRS determines your exempt amount using your filing status, pay period and number of dependents. For example, if you’re single with no dependents and make $1,000 every two weeks, the IRS can take up to $538 of your check each pay period!
Take action to stop the IRS and other taxing authorities from levying your wages and other property! We Can Help! Taxes can be wiped out in bankruptcy if done right! Read our blog posting about “What the IRS doesn’t want you to know about taxes and bankruptcy”. Our lawyers are trained to examine your situation and can advise you about the best way to proceed.
Contact us now to find out how we can help!
Wisconsin law provides for a way to consolidate the bills you choose and spread out payment over 3 years with no interest! This program is known as a chapter 128 debt amortization plan. This is not a bankruptcy! It stops garnishment and even tax levy by the State of Wisconsin. Find out what your payment would be by clicking on the attached link.
If the amount is too high to pay in a chapter 128 debt amortization plan, bankruptcy may be an alternative you should consider.
Consolidate all your bills including mortgage arrears, car loans, federal and state income taxes, real estate property taxes, credit cards, medical bills, utilities and high interest rate payday, student and other loans into one affordable monthly payment in chapter 13 bankruptcy. In many cases, the court will reduce or completely eliminate the amount to be paid to some creditors. Stop foreclosures, keep your house and car, reduce loan interest rates, eliminate credit card, medical, utility and other bills. Take control of your finances! Contact us now to find out how much your consolidated payment would be!
If you have received a Disconnect Notice or your utilities have already been shutoff WE CAN HELP! If you are not able to work out payment terms with WE Energies or your local utility, you may want to consider a bankruptcy filing to stop the disconnection or get your lights turned back on.
Contact us now to find out how we can help!
Keep your car! Reduce interest and reduce monthly payments while consolidating or eliminating other high interest rate loans and bills. Even if your car has already been repossessed it may not be too late – in most cases, we can get your car back without having to pay the back payments, or the costs of towing and storage!
Contact us now to find out how we can help!
“I became a lawyer to help people solve problems that they were not sure how to solve themselves. There is no better feeling than being able to show someone that all is not lost and that they have a path to a brighter future, and then helping them to get there.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: meh@esserlaw.com
Michael is a Wisconsin native and graduated cum laude Marquette University Law School in 2009. He has spent time working for the Internal Revenue Service and Former Chief Judge Susan V. Kelley, as well as on both sides of creditor-debtor law, primarily dealing with bankruptcy, foreclosure, and eviction matters. He is admitted to the Wisconsin State Bar, the Eastern and Western Districts of Wisconsin, and the Northern and Southern Districts of Indiana.
Michael enjoys practicing law to help people solve problems that would be difficult to manage on their own. He believes that everyone is entitled to be fully informed of their options in order to make the best decisions for themselves and their families, and that having practiced on both sides gives him a unique perspective to provide that information.
“I personally know people who are in unfair situations completely out of their control. People don’t know what options are available to them.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: mrud@esserlaw.com
Michael hails from the Milwaukee area, and is an avid fan of all Wisconsin Sports. He received his undergraduate degree from the University of Wisconsin-Madison and his Juris Doctorate from University of Wisconsin-Madison School of Law. Initially Michael had a general, civil practice which included: Criminal Law, Landlord/Tenant Disputes, and Real Estate Law. Helpful by nature, Attorney Rud decided to expand his practice to include Bankruptcy. He joined ESSERLAW in order to make people, who find themselves in unfortunate circumstances, more aware of accessible choices.
“I enjoy the challenge of finding the right solution to each client’s particular needs and circumstances.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: kgh@esserlaw.com
An Alumnus of both Marquette University and Marquette University Law School, Attorney Dey’s general civil law practice includes: business insolvency, civil litigation, guardianships, debtor and creditor rights, bankruptcy, receiverships, CHIPs cases, general corporate, probate, residential and commercial real estate transactions, and family law. Some of the many Associations that Dee Dee is involved with: State Bar of Wisconsin – Family Law Section; State Bar of Wisconsin – Bankruptcy, Insolvency & Creditor’s Rights Section; Eastern District of Wisconsin Bar Association; Illinois State Bar Association; and Association for Women Lawyers.
“I left a larger firm because I felt I could make a bigger difference on a more personal level.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: steven.berg@esserlaw.com
A Wisconsin Native, ‘Steve’ received his Atrium Baccalaureus from Ripon College, in 1978, and his law degree from the University of Wisconsin School of Law, in 1984. A former partner at Quale, Feldbruegge, Calvelli, Thom & Croke, he concentrated on Personal Injury and Litigation.
Due to Steve’s desire to work one on one with clients, where he could have a greater effect on individual cases, he associated with Todd C. Esser in 1995. His fields of expertise include: Landlord/Tenant; Personal Injury; Real Estate; Bankruptcy and General Civil Matters.
“In this business, we are in a position to genuinely help…at the end of my day, I go home knowing that the people I’ve dealt with are in a better situation.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: robert.waud@esserlaw.com
‘Bob’ received his Bachelor’s degree from the University of Arizona in 1969, and graduated from Marquette Law School in 1973. While at Ermenc & Hays in Milwaukee, he developed an interest in the field of bankruptcy, and took over ownership of the Bankruptcy Clinic, SC, moving to downtown Milwaukee and specializing in bankruptcy law. In 1994, he joined the firm of Schober & Radtke, SC as their bankruptcy attorney until the dissolution of the firm in 2010. During this period, he was appointed to the panel of bankruptcy trustees and served as Trustee in Bankruptcy until 1996.
He has been an associate at Todd C. Esser & Associates since 2010, and looks forward to continuing to help people become debt free with ESSERLAW LLC. Milwaukee Magazine several times listed Attorney Waud in their Super Lawyers Bankruptcy Section, and he has been a regular consultant for various publications, newspapers, and seminars.
“Too many people are losing their family homes, cars and investments because they didn’t realize the options that were available to them.”
Milwaukee No. : 414-461-7000
Racine No. : 262-619-0433
Email: email@esserlaw.com
Todd C. Esser is the owner of ESSERLAW LLC, a law firm providing debt relief and budget counseling options for individuals and small businesses. Mr. Esser has been serving the Greater Milwaukee Area since 1982. Todd received his Bachelor of Business Administration degree from the University of Wisconsin-Whitewater in 1978, and law degree from Northwestern School of Law of Lewis and Clark College in 1982. He served as a Chapter 7 Panel Trustee in the Eastern District of Wisconsin from 1988 through 1998. He is a member of the State Bar of Wisconsin, Milwaukee Bar Association, National Association of Chapter 13 Trustees, National Association of Consumer Bankruptcy Attorneys and the 7th Circuit Bar Association.
Included among Attorney Esser’s numerous awards of distinction are several years of Milwaukee Magazine’s selections for Milwaukee’s Top Attorneys, and Wisconsin Super Lawyers. He has also earned multiple listings by the prestigious publication, ‘Best Lawyers’ in both the ‘Wisconsin’s Best Lawyers’ and ‘Best Lawyers in America’ Categories. Todd was selected as the 2025 recipient of the Judge Dale E Hofeldt Bankruptcy Award by the Eastern District of Wisconsin Bar Association at its annual meeting.
Enter the total amount of debt you would want to include in your chapter 128 repayment plan.
Want to make this a reality? Contact us today!
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