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.

University of Wisconsin - Madison

J.D.

1979

University of Missouri - St. Louis

B.S. | Business Administration

1970 - 1974

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

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

Board Certified, Business Bankruptcy Law

American Board of Certification

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 2007-2021

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

Wisconsin State Bar  # 1011125

Member

Current

Wisconsin

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Bankruptcy

Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief

Collections

Consumer Law

Class Action, Lemon Law

Q. What is the best approach to negotiate with a collection agency after garnishments have been issued?

June 5, 2023

A: A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.

But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more importantly, what does each side really need? Needs must be met. Wants are negotiable.

Once you have these goals determined, there are other factors to consider. These include

Is there any dispute as to liability or amount?

What is the best alternative for your opponent to a negotiated settlement?

What is the worst alternative for your opponent to a negotiated settlement?

What is the most likely alternative for your opponent to a negotiated settlement?

In other words, what options are available to you and the collection agency if you do not settle?

How much will the collection agency obtain by garnishment?

There certainly are tactics which you can employ to reduce the amount which can be garnished. Those tactics vary with the circumstances, of course.

An experienced insolvency lawyer should be able to review your financial situation and design a strategy for negotiations.

I have taught courses and seminars to Wisconsin lawyers on negotiations and workouts. It is both an art and a science. ... Read More

Q. Should I get a lawyer involved?

March 24, 2023

A: Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for labor, services, materials, plans, and specifications for the improvements. You have not received all of the goods and services, so it is highly unlikely that the monies have been used as required by the statute. Improper use constitutes theft by the contractor and by any officers, directors, members, partners, or agents responsible for the misappropriation.

You may also be able to recover any monies which they have received as a salary, dividend, loan repayment, capital distribution or otherwise by any shareholder, member, or partner, even if such persons were not aware of the misappropriation.

If you can prove a claim for theft by contractor, you may be able to recover treble damages. The theft by contractor statute, 779.02(5), refers to the criminal theft statute, 943.20, and civil claims under that statute qualify for treble damages under 895.80.

You might also very well have a claim under Wisconsin’s Administrative Code ATCP 110, which outlines requirements for contracts between homeowners and home improvement contractors. The goal is to protect consumers by ensuring that they have a clear understanding of the terms and conditions of their home improvement contract.

You probably have other claims, such as unjust enrichment or quantum meruit, but your question does not provide enough facts to fully analyze those. ... Read More

Q. Can you use buy now pay later like afterpay during chapter 7

August 22, 2022

A: Yes. Neither the bankruptcy code nor Wisconsin law prohibit you from using a finance plan like you describe.

In fact, depending upon the service you are using, this sort of purchase may help you to re-establish your credit score.

I disagree with attorney Winterstein. The bankruptcy code provision I believe he refers to, section 364, applies to the trustee, and not to the debtor.

I do agree with him, though, that most creditors will notextend credit to you right now. But that is why this buy now-pay later program is a good opportunity for you, provided the payments fit within your new budget.