Free Consultation: (608) 258-8555Tap to Call This Lawyer
J. David Krekeler

J. David Krekeler

Krekeler Strother, S.C.
  • Bankruptcy, Collections, Consumer Law
  • Wisconsin
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

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
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Collections
    Consumer Law
    Class Action, Lemon Law
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
Placeholder image for jurisdictions.
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.
University of Wisconsin - Madison Logo
University of Missouri - St. Louis
B.S. | Business Administration
-
University of Missouri - St. Louis Logo
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 2007-2021
Best Lawyers in America
Wisconsin Super Lawyer in Bankruptcy 2007-2021
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
Placeholder image for professional associations.
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
8 Questions Answered
Q. Can a collection firm charge a 6% interest on a court order amount
A: Maybe, but probably not. You are apparently in Wisconsin, and you refer to “a court order amount.” If by this you mean a judgment, then the rate is set by Wisconsin statutes. The judgment interest rate applicable to civil actions is 1% plus the prime interest rate in effect on January 1 and July 1 of each year. if the judgment is entered on or before June 30, the applicable interest rate is the rate in effect on January one of that year. If the judgment is entered after June 30, the applicable rate of interest is the rate in effect on July 1 of that year. Looking back, the only period for which the interest rate would have been 6% was for a judgment entered between July 1 and December 31, 2018. If there is no judgment, the contract rate would likely apply. If there is no contract rate set, the legal rate of interest is 5%. I publish a newsletter each month, and twice a year I review the then current interest rates for both Wisconsin judgments and the IRS. Contact me if you would like a free subscription.
Q. Entered into a doomsday with mortgage company, they claim they didn't get payments. Judge granted relief from stay with
A: Yes. The U.S. Supreme Court held in a 2019 case, Ritzen Group v. Jackson Masonry, that a bankruptcy court's unreserved decison on a motion for relief from stay is a final and immediatiely appealable order. The appellate court will review the decision to lift an automatic stay for an abuse of discretion. In re Boomgarden, 780 F.2d at 660; Holtkamp v. Littlefield, 669 F.2d 505, 507 (7th Cir. 1982).
Q. Nearing the end of my Ch13 plan and want to avoid overpaying. May I request to end wage garnishment one month early?
A: Yes, but the trustees here in Wisconsin likely will not want to stop the wage assignment. They prefer to refund any excess amount paid. This makes good sense from an administrative perspective. If they stop the wage assignment and you in fact still have a small balance, the trustee has to make an effort to reinstitute the assignment. It is far more efficient for them to issue a refund if in fact you overpay. Your attorney could bring a motion to have this done, but the cost would almost certianly be more than anyone would want to pay simply to get the money a few days or weeks sooner.
View More Answers
Contact & Map
2901 W. Beltline Hwy, Suite 301
Madison, WI 53713
Telephone: (608) 258-8555
Fax: (608) 258-8299