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J. David Krekeler

J. David Krekeler

Krekeler Strother, S.C.
  • Bankruptcy, Collections, Consumer Law
  • Wisconsin
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Summary

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.

Practice Areas
  • Bankruptcy
  • Collections
  • Consumer Law
Video Chat and Conferencing
  • Skype
  • FreeConferenceCall
Fees
  • Free Consultation
    Please fill out the inquiry form at www.ks-lawfirm.com. After we receive your information, a free assessment call evaluates potential next steps.
  • Credit Cards Accepted
    Accept Visa, Mastercard, American Express and Discover
Jurisdictions Admitted to Practice
Wisconsin
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Languages
  • English: Spoken, Written
Professional Experience
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
- Current
Education
University of Wisconsin - Madison
J.D.
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University of Missouri - St. Louis
B.S. | Business Administration
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Awards
Fellows
State Bar of Wisconsin
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
Professional Associations
Wisconsin State Bar # 1011125
Member
Current
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Publications
Articles & Publications
Recent Decision Gives New Guidance on Harvester's Liens
AGRICULTURAL LAW AND RURAL PRACTICE BLOG
Small Business Restructuring Act: Simplifying Chapter 11 Bankruptcies
Inside Track
Agricultural Clients: Help them Get Paid
State Bar of Wisconsin Rural Ag Blog
Wisconsin Leads Nation in Farm Bankruptcies
State Bar of Wisconsin Rural Ag Blog
A Business, a Way of Life: Representing Family Farms with Financial Problems
State Bar of Wisconsin Rural Ag Blog
New Tax Law May Help Distressed Farmers
State Bar of Wisconsin Rural Ag Blog
Certifications
Board Certified, Business Bankruptcy Law
American Board of Certification
Websites & Blogs
Website
Krekeler Strother, S.C. - Debtor-Creditor Law Firm in Madison, WI
Blog
Legal Answers
4 Questions Answered

Q. People from foreign countries come to visit US and I need to take care of the tour.
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?
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?
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?
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.
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Contact & Map
2901 W. Beltline Hwy, Suite 301
Madison, WI 53713
USA
Telephone: (608) 258-8555
Fax: (608) 258-8299