Elkhorn Wisconsin Legal Blog

How bankruptcy can save property from foreclosure

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in real estate law on Wednesday, June 12, 2019.

For most people in the greater Milwaukee area, filing for bankruptcy is an admission of financial failure. This just simply isn't the case. While the circumstances which may have compelled a person to file bankruptcy are unpleasant, filing a bankruptcy petition under either Chapter 11 or Chapter 13 can have an important curative effect: saving real property from foreclosure.

Businesses typically file a bankruptcy petition under Chapter 11, which contemplates the preparation of a plan of reorganization under which the company's existing debts will be repaid over a period of either five years or seven years. Chapter 13 is used by individuals to achieve essentially the same outcome. In both cases, the filing of the bankruptcy petition invokes what is called the "automatic stay." The automatic stay is an order that is issued by the bankruptcy court immediately upon the filing of the petition. The stay requires all creditors of the debtor to immediately cease collection activity, including foreclosure proceedings.

Motorcycle accident kills one, injures two

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in motor vehicle accidents on Thursday, June 6, 2019.

Motorcycle accidents involving one motorcycle and a passenger vehicle often leave motorcyclists with serious injuries. When two motorcycles collide, the result can be just as calamitous. When two motorcycles and an automobile collide in the same accident, not only can serious injury or death can be the result, but ascertaining fault can also be problematic. This is demonstrated by a recent two-motorcycle-automobile collision in Outagamie County not far from Hortonville.

According to a preliminary investigation, a Harley Davidson motorcycle operated by a 24-year old man from Manawa collided with a Harley Davidson motorcycle driven by a 31-year old man, also from Manawa. The two bikes appeared to be negotiating a curve in the road when they collided with each other. Both motorcycles wound up in the southbound lane on Highway 15, where they were struck by a Chevrolet Cruze. The driver of the Cruze was a 27-year old woman, and a second woman was a passenger in the Cruze.

Safety on the water: accidents can happen on Wisconsin's lakes

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in personal injury on Friday, May 10, 2019.

The official start of the Wisconsin fishing season is only a matter of weeks away. As individuals secure their licenses and prepare their gear for opening day, they should also make sure that their boats are ready to carry them out into the water. Having a safe and secure vessel is an important component of ensuring a fun experience on Lake Geneva or any of Wisconsin's many beautiful lakes.

However, as boat traffic picks up on local lakes and waterways, the threat of accidents also goes up. Boating accidents can be serious personal injury events when individuals are dealt physical harm in a collision or are thrown into the water when their vessels suffer impacts. In the wake of a boat accident a victim may not know where to turn to protect their rights and recover their losses.

Is distracted boating even a thing? Yes, and it's dangerous

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. on Thursday, May 2, 2019.

Distracted driving causes numerous accidents every year that result in injuries and fatalities. For this reason, you know not to text, watch a movie or take your eyes off the road when behind the wheel of your vehicle.

What about when you get onto your boat? Do you apply the same care when driving your boat as you do when driving your car? Many see boating here in Wisconsin and elsewhere as a recreational activity, so you may not put the same emphasis on "driving safely" as you do on the road.

Deadly accident claims three members of Wisconsin family

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in motor vehicle accidents on Wednesday, April 24, 2019.

Families stick together through good times and bad. Though some individuals become distant with their relations, many Wisconsin residents enjoy the time that they get to spend with their loved ones. When trying times occur, many families rally together to support each other until their situation improves. However, a car accident can quickly stripped that away, leaving families reeling from their newfound reality.

Recently, for example, a Wisconsin family suffered an incredible loss when four of its members were involved in a devastating motor vehicle accident. The accident occurred in Bristol and involved the victims' vehicle and a second automobile. The four family members were traveling home after a church event in New Munster when they were struck by the second vehicle. The second vehicle was allegedly moving erratically and in excess of the speed limit. After the collision occurred the victims' vehicle rolled and landed on its roof in a swampy location.

Capital gains and losses after the sale of real property

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in real estate law on Wednesday, April 17, 2019.

Not every Elkhorn resident will decide that they want to own real property. Buying a home or a commercial space can take time as a buyer decides just what they want in their new property. They may plan a budget to determine what they can afford and research locations that may serve their personal or professional needs.

Once a buyer has located a property for purchase, they must agree with the seller on a price for the parcel. The sale price of the property is an important figure for the buyer because depending on how much money they are able to put down they will have to finance the remainder of that initial price. Financing the purchase of property through a mortgage can take time as a buyer works out repayment terms that they can afford.

Staying safe when other drivers have road rage

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. on Tuesday, April 9, 2019.

Everyone gets frustrated sometimes while driving. There is a fine line between experiencing some annoyance and succumbing to road rage. Road rage is an all too frequent problem that leads to dangerous driving on the roads and highways all over the country.

There is much more to motorists having bouts of road range than blaring their horn or driving too fast. As reported by Safe Motorist, an incredible 66 percent of fatal traffic accidents are direct results of overly aggressive driving, and 37 percent of aggressive driving incidents include a firearm. Additionally, data collected over a seven-year period showed that over 12,500 injuries and over 200 murders were a result of road rage.

Damages may be extensive after a motor vehicle accident

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in motor vehicle accidents on Monday, March 25, 2019.

When a vehicle collision happens on a Wisconsin road, the most apparent source of loss to result from the accident may be the damage that the victim's car sustains. While it can be costly to repair or replace a vehicle after a wreck, there are other forms of damages and loss that can affect the recovery of a motor vehicle accident victim. This post will introduce some of the categories of damages that victims may suffer when they are involved in vehicle crashes, but, as with all legal matters, individuals should ask their personal injury attorneys about what may apply to their specific claims.

Perhaps the most significant source of damages that a victim may suffer relates to their post-accident medical treatment and care. These costs can include, but are not limited to, ambulance services, emergency room services, inpatient services, consultations with specialists, medical equipment, prescriptions, and post-discharge rehabilitation. A person may end up with thousands of dollars in medical bills from suffering injuries in a car crash.

Can differential diagnoses prevent diagnostic mistakes?

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in personal injury on Thursday, March 7, 2019.

Going to the doctor can be an unpleasant experience for a Wisconsin resident, especially if they are nervous about a new pain, illness or ailment. When they arrive, they may be asked to fill out several documents that record their overall health and wellness, and they may be asked to submit to basic laboratory testing to determine their baseline body functions. They may have their blood pressure tested, their weight assessed and their temperature taken all before they even have a chance to speak with their doctor.

One reason that medical professionals collect a great deal of information from their patients at appointments is so that they can develop a full understanding of their potential medical conditions. A doctor who has data about their patient can more quickly identify problematic issues and more quickly hone in on possible diagnoses. Medical professionals often use the differential diagnosis process to work through possible medical conditions that may be causing their patients' suffering.

Zoning and its impact on how properties may be used

On behalf of Godfrey, Leibsle, Blackbourn & Howarth, S.C. posted in real estate law on Friday, February 22, 2019.

The acquisition of a parcel of land may be a major step for any Wisconsin resident looking to build their dream home or construct the facility that will house their business. Finding the perfect place where one can foresee a pleasant or profitable future may motivate them to pursue their real estate plans with vigor. However, despite their intentions and desires for developing their parcel into exactly what they want, a person may be stopped from fulfilling their dreams by rules that control how their land can be used.

Zoning is the practice of assigning parcels of land that are near to each other with similar permissible uses. For example, a city or municipality may zone a large section of land as industrial so that factories and other large business facilities may operate close to each other. This essentially keeps these big businesses out of neighborhoods and prevents them from disrupting the everyday practices of residents.