Forms Chapter 128 – Fill Out and Use This PDF

Index of exhibits

1.0Filing a Debt Amortization Case Under Wis. Stats. §128.21 In Milwaukee County

1.1Petition to Amortize Debts

1.2Affidavit of Debts

1.3Order Appointing Trustee and Enjoining Creditors

2.0Notice to Creditors

3.0Proof of Claim

4.0Completed Plan Order for Dismissal

5.0Local Rule 3.30 for Milwaukee County Circuit Court

_____________________________________________________________________________

In the Matter of the Voluntary Amortization of Debts of:

_____________________________________ Case No. _________________

Debtor(s) – Name and Address

_____________________________________________________________________________

Petition to Amortize Debts under Wis. Stat. §128.21

1.Debtor is an adult resident of Milwaukee County, Wisconsin, residing at

________________________________

_______________________________________________________________________

(state address).

2.Debtor is employed by

_______________________________________________________________________

______________________________________________________________________

(state full name and address of each employer).

3.Debtor is indebted beyond debtor’s ability to pay debts as they mature, and the assistance of the court is needed in the amortization of such indebtedness pursuant to Wis. Stat. § 128.21.

4.Debtor believes that unless the assistance of the court is obtained for the amortization of indebtedness pursuant to Wis. Stat. §128.21, creditors will continue to harass debtor by the issuance of garnishment, attachment or execution.

5.Debtor is of the opinion and belief that debtor will be able to make future payments at regular intervals according to a plan of amortization so at to amortize debtor’s indebtedness over a period of not more than three (3) years.

6.Debtor requests that (choose one):

 the court enter an order that a portion of debtor’s payroll checks be assigned directly to the trustee in this proceeding in an amount set forth in the proposed order submitted with this petition.

Exhibit 1.1

 debtor pay to the trustee directly an amount set forth in the proposed order submitted with this petition.

7.Attached is my affidavit of debts to be included in the plan.

8.Debtor requests to be permitted to amortize debts pursuant to Wis. Stat. § 128.21, and that a plan of amortization as may be proposed by the Trustee and submitted to the creditor(s) be approved by the court.

9.Debtor has submitted a proposed Order appointing the Trustee and enjoining the creditors listed in this petition from further collection procedures.

Dated: _______________________, 20___.

_____________________________________________

Debtor Name

_____________________________________________

Debtor Name Subscribed and sworn to before me

this _______ day of _______________, 20___.

_____________________________________

Notary Public, State of Wisconsin

My commission expires ____________, 20___

or is permanent

If debtor is represented by an attorney the attorney must complete the following:

Dated:_________________________, 20__.

________________________________________________________

Signature

Print: Name, Bar number, address, phone and email address:

Note: Include two (2) stamped envelopes – one to be sent to Trustee (name and address will be filled in by the court) and one self-addressed to Debtor’s attorney or, if no attorney, to Debtor

____________________________________________________________________________________________

In the Matter of the Voluntary Amortization of Debts of:

_______________________

_______________________

_______________________,

Debtor(s)

Case No. ______________

____________________________________________________________________________________________

Affidavit of Debts - §128.21, Wis. Stats.

State of Wisconsin )

)SS

Milwaukee, County )

___________________ (Debtor[s] names), being first duly sworn upon oath, deposes and states:

That he/she/they is/are the debtor(s) in the above entitled proceeding and that the following is a

true list of the debts debtor(s) desire(s) to be included in the amortization plan to be formulated by the

Trustee.

CREDITOR:

List each creditor by name and address and identify any account number you have for that creditor

unless there would be an identity theft issue, i.e. social security number is the account number.

List the amount due each creditor.

State the total of all debts to be included in the plan.

Dated:_________________20__.

STATE OF WISCONSINCIRCUIT COURTMILWAUKEE COUNTY

CIVIL DIVISION

____________________________________________________________________________

_____________________________________________________________________________

Order Appointing Trustee and Enjoining Creditors

This matter is before the court on petition of the debtor(s) listed above for the amortization of indebtedness pursuant to Wis. Stat. § 128.21.

NOW THEREFORE, IT IS ORDERED, that:

1.The petitioner(s) are allowed to proceed with the amortization of debts pursuant to the provisions

of Wis. Stat. § 128.21.

2.

is appointed Trustee in this proceeding. The Trustee is directed to comply with Wis. Stat. §§ 128.21(3) and (3g). (Clerk will stamp original and copies)

3.No distributions to creditors shall be made before a plan is approved.

4.Upon the filing of this Order and while the case is proceeding, no execution, attachment, activation of wage assignment or garnishment may be initiated or enforced by creditors of the above-named debtor unless such creditor is not included in the plan.

5.Choose one:

As requested by the debtor in the petition filed with the court, debtor’s employer,

____________________________________________________________________ (list employer) or

debtor’s current employer, shall, until otherwise directed by the Trustee or further order of the court, deduct $ __________ from each of debtor’s payroll checks and mail that sum directly to the Trustee named above

Exhibit 1.3

The debtor shall, until otherwise directed by the Trustee or further order of the court, pay directly to the Trustee, named above, the sum of $ __________monthly, on or before 15 days after the date of this order.

Dated: _______________. 20___.

BY THE COURT:

______________________________

Circuit Court Judge

STATE OF WISCONSINCIRCUIT COURT MILWAUKEE COUNTY

____________________________________________________________________________________

________________________

________________________

____________________________________________________________________________________

TO ALL CREDITORS OF _______________:

Upon a Petition to Amortize Debts filed by the debtor(s), the Circuit Court has ordered relief under §128.21 Wis. Stats. A copy of the Order, entered ______________ is enclosed. The Order

appoints the undersigned as Trustee to administer the Plan.

PLEASE TAKE NOTICE that a creditor's meeting will be held at the office of the undersigned trustee at the address given below on___________, 2011, at __________ a.m., for the

purpose of considering an amortization plan and determining the claims to be covered by said plan. Creditors are not required to attend the meeting. The plan shall have the debtor pay sums sufficient to pay all creditors and administrative fees and costs within a three year period. Disbursements will begin after the Plan is approved by the Circuit Court following the meeting. Funds will be disbursed every 90 days on a pro-rated basis among all scheduled creditors, after administrative fees and costs have been paid,[ including any debtor attorneys fees]. A copy of the quarterly disbursements report will be forwarded to you upon request.

You are currently scheduled to be paid the amount set forth in the attached Affidavit of Debts. The amount due is the balance as of ___________(date of petition). If the amount of debt as of

the date of filing or address shown is incorrect, file a claim by the date of the meeting of creditors set forth above. Simply mail or fax your most recent statement, invoice, ledger or other proof of the debt. The fax number is (414)258-6510; the mailing address is given below. Please state on your claim the address where payments should be sent. If no claim is filed, the amount of indebtedness set forth on the affidavit shall be considered the amount due, and payment of said amount shall constitute payment of the debt in full.

If you object to these proceedings, submit your objection in writing to the trustee no later than the date of the creditor's meeting given above. Objections filed after the conclusion of the meeting will not be considered. You must state the grounds for your objection in detail, and if you want the court to conduct a hearing, you must request one in your written objection.

PLEASE TAKE FURTHER NOTICE that, pursuant to the Order, no execution, attachment, wage assignment or garnishment or other collection actions may be taken against the debtor(s).

Further, this is not a bankruptcy and should not be reported as one.

Dated at Milwaukee, Wisconsin, this _____ day of _________, 2011.

Mont L. Martin, Trustee

P.O. ADDRESS:

933 North Mayfair Road, Suite 107 Milwaukee, WI 53226 (414)258-5787

Exhibit 2.0

STATE OF WISCONSIN : CIRCUIT COURT : ______________ COUNTY

______________________________________________________________________________

______________________________________________________________________________

Please insert correct account number here: _________________________

I/We _________________________ whose address is:__________________________________

______________________________________________________________________________

states as follows:

(1)At the time the debtor's petition was filed, the above debtor was indebted to you in the amount of $_________________________.

(2)Proof of your claim/how you arrived at the amount of your claim must be included with this completed Proof of Claim.

(3)No judgment has been rendered relating to this debt except as follows: (attached copy of judgment). _________________________

(4)if nothing is owed, and/or this account has been paid, indicate here: ___________

(5)Do NOT submit claims or expect payment on debts not listed in the Affidavit of Debts.

(6)Return (or fax) this claim to the address below.

PLEASE PRINT LEGIBLY

______________________________________________________________________________

TO CREDITORS: MAIL OR FAX THIS COMPLETED FORM PRIOR TO CREDITORS' MEETING TO:

Mont L. Martin, Trustee

933 N. Mayfair Road. Ste 107

Milwaukee, WI 53226

Phone: (414)258-5787

Fax No. 414-258-6510

Exhibit 3.0

STATE OF WISCONSIN : CIRCUIT COURT : MILWAUKEE COUNTY

____________________________________________________________________________________

____________________________________________________________________________________

Upon the petition of Mont L. Martin, Trustee, and upon the records and files herein,

IT IS ORDERED as follows:

1.The Trustee’s Final Report is approved; and the paid claims are deemed paid in full.

No further action to collect said debts may be taken.

2.This case is dismissed;

3.All interested parties shall be notified of the dismissal herein; and

4.Upon providing notice of dismissal to all interested parties, Mont L. Martin shall be discharged as trustee.

Dated this ____ day of _______________, 2011.

BY THE COURT:

_______________________________

Circuit Court Judge

Exhibit 4.0