J. David Krekeler

I’m a financial problem solver who can think through unique and customized solutions for farmers, small business owners, debtors and creditors. As a principal shareholder with Krekeler Strother, S.C., I work with a team of legal professionals that can deliver financial answers. We provide the information you need for Chapters 7, 11, 12, and 13 so you can make the best choice for your future and ease your mind. I enjoy presenting on debtor-creditor matters and try to find ways to make it fun.

• Bankruptcy
• Collections
• Consumer Law

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Wisconsin

Past Chairman

Wisconsin District Bankruptcy Bar

Current

Past Chair and Committee Member

Solo & Small Firm Conference, WI State Bar

Current

Member

National Association of Consumer Bankruptcy Attorneys

Current

Speaker at training events

Legal Action of Wisconsin Volunteer Lawyer Project

Current

Board of Directors

Bankruptcy, Insolvency and Creditor's Rights Section, WI State Bar

2005 - Current

University of Wisconsin - Madison

J.D.

1979

University of Missouri - St. Louis

B.S. | Business Administration

1970 - 1974

Fellows

State Bar of Wisconsin

2019

The Fellows of the Wisconsin Law Foundation is an honorary program, which recognizes members of the profession in Wisconsin who are known by their peers for high achievements in their profession and outstanding contributions for the advancement and improvement of the administration of justice in the State of Wisconsin.

Best Lawyers in America 2007-2019

Best Lawyers in America

Wisconsin Super Lawyer in Bankruptcy 2007-2019

Super Lawyers

One of Madison's Best Bankruptcy Lawyers

Madison Magazine

Nominated to Executive Register, 2013 & 2011

InBusiness Magazine

Wisconsin State Bar # 1011125

Member

Current

Recent Decision Gives New Guidance on Harvester's Liens

AGRICULTURAL LAW AND RURAL PRACTICE BLOG

March 5, 2020

Small Business Restructuring Act: Simplifying Chapter 11 Bankruptcies

Inside Track

January 15, 2020

Agricultural Clients: Help them Get Paid

State Bar of Wisconsin Rural Ag Blog

March 5, 2019

Wisconsin Leads Nation in Farm Bankruptcies

State Bar of Wisconsin Rural Ag Blog

December 10, 2018

A Business, a Way of Life: Representing Family Farms with Financial Problems

State Bar of Wisconsin Rural Ag Blog

February 21, 2018

New Tax Law May Help Distressed Farmers

State Bar of Wisconsin Rural Ag Blog

December 21, 2017

Board Certified, Business Bankruptcy Law

American Board of Certification

Q. People from foreign countries come to visit US and I need to take care of the tour.

10 March 2020

A: Accidents happen, and there are always risks of liability. If someone staying in your home or traveling in your car is injured, there is always a risk that you will be sued. You mentioned registering a company to protect your assets. Limited liability companies and corporations offer exactly that, limited liability, but would likely not be very effective in this particular instance. It would be cumbersome to place all of your personal property and your home into some form of business entity. You would incur annual fees and have tax returns to prepare each year. The better choice is likely to have good insurance, including an umbrella policy. An umbrella policy is extra insurance which kicks in after your normal coverage has been exhausted. Thus, it offers additional protection in the unfortunate event of an accident. Umbrella policies are quite inexpensive. A $1 million dollar cover age amount would likely only cost $150 to $300 per year. This is less than the cost of creating and maintaining a business entity. You also mentioned bankruptcy. Bankruptcy would be a last resort, but would likely protect all of your assets and your future income. Wisconsin, like every other state, has exemption laws. These laws designate certain kinds and types of property which are protected from the claims of creditors, up to certain dollar limits. Wisconsin’s exceptions are fairly liberal and generous to debtors, so most people find that all of their assets are protected in the event they need to file bankruptcy. Under the facts you set forth, a bankruptcy should eliminate any liability that might arise.

Q. Do bankruptcy lawyers represent incarcerated individuals?

19 February 2020

A: Yes. I have represented a number of clients who were incarcerated at the time. There are a few issues to consider. There may even be advantages to the client by filing while incarcerated.

Q. If money is owed to a parent, how is it discharged in ch.7 bankruptcy & can they harass you for payment after discharge?

1 February 2020

A: A debt to a parent is no different than a debt to a stranger. it is discharged unless it falls within one of the several exceptions to discharge. Harassment or other collection efforts after discharge would be grounds for a contempt motion. Because of the family relaitonship, I would hope you could avoid brigning such a motion. if you do brign the motion, however, the Court might, but might not, award you your costs and attorney fees.

Q. Can a collection company file Tax form 1099 C on debts they do not have settlement offers or judgements for?

29 January 2020

A: Yes. Court action is not a prerequisite for issuing a 1099C. Nor is acknowledgment of the debt, nor even having had any prior negotiations. The expiration of the statute of limitations does not prevent the issuance of the 1099C. In fact, it may even have been the reason for issuing the 1099C. If the collector is reporting anything falsely you may have claims under the Federal Fair Debt Collections Act or the Wisconsin Consumer Act. Or maybe even the Federal Fair Credit Reporting Act. These claims will depend upon th f acts of your case. The issuance of the 1099C does not even mean that the creditor cannot still collect the debt. There are ways to avoid having to pay tax upon the amount of debt written off or forgiven, though.