Crest Hill, IL asked in Bankruptcy for Illinois

Q: If I file bankrupcy and choose to surrender property how long does it take for bank to take possesion. I am in IL?

Related Topics:
2 Lawyer Answers
Andrew John Hawes
Andrew John Hawes
Answered
  • Bankruptcy Lawyer
  • Niles, IL
  • Licensed in Illinois

A: This may not be a satisfying answer, but here it is: it depends. I can tell you that if you file bankruptcy, immediately it will create the "automatic stay." This prevents creditors from being able to take any action against your property without the bankruptcy court's approval. It will then take a couple of months to complete your bankruptcy, depending of course upon the individual facts of your case.

David Siegel
David Siegel
Answered
  • Bankruptcy Lawyer
  • Chicago, IL

A: It will depend upon the creditor and upon the type of property being surrendered. If the property is a home, then the foreclosure case must complete unless you sign a deed in lieu. If the property is a vehicle, then you can voluntarily return it or simply wait until discharge or modification of the stay to have the creditor pick it up at their will.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.