Get free answers to your Bankruptcy legal questions from lawyers in your area.
At time of cosign, the relationship was good. She chose to cut off contact and then stopped payment. We are getting hounded by creditors now. I'm near retirement and can't pay the $25,000 loan. Do we have any legal recourse?
answered on Nov 23, 2024
Just explain it to the trustee when you meet. You will likely have to repay it.
Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?
answered on Aug 5, 2024
In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means... View More
i have a detailed case and it is best explained over a phone call
answered on Jul 21, 2024
I understand you're dealing with complex family law issues related to child support, back pay, and custody arrangements. It's essential to address these matters carefully to ensure the best outcome for you and your family. You can start by gathering all relevant documents, including court... View More
and if yes how do I caculate severence owed?
answered on Jul 21, 2024
Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.
To calculate the severance owed, refer to your employment contract or... View More
answered on Jul 18, 2024
If your credit card debt is solely in your name and the mortgage is in both your and your husband's names, the house may still be at risk depending on several factors. In Illinois, if you file for bankruptcy, your share of the house's equity could be used to pay off your debts. However,... View More
answered on Jun 23, 2024
Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.
Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.
The Bankruptcy provisions enabling... View More
answered on Apr 28, 2024
It's a good thing that you don't get sucked in by the recurring "debt consolidation" ads that pop up in everyone's feed, on phones, pcs, etc;, but your question doesn't say much.
While a bankruptcy discharge is unique (no "debt consolidator can offer... View More
I called my trustee and he put a notice to dismiss case with a new court date. I now just found out I AM NOT on the title to house and want a discharge instead of a dismissal. What do I need to do? My trustee is not willing to help me.
answered on Apr 4, 2024
In this situation, you should take the following steps to try to resolve the issue and obtain a discharge:
1. Contact your bankruptcy attorney: If you have an attorney representing you in your Chapter 7 case, inform them about the situation and your desire to proceed with the discharge... View More
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
answered on Mar 12, 2024
When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.
In that scenario, collections, even small-scale, of amounts which may be owed to the... View More
answered on Feb 8, 2024
Yes, if one signer files a chapter 7, the co-signor remains liable and the creditor can pursue that person for payment. If, on the other hand the person files a chapter 13, the automatic stay protects the co-signor, as well as the primary obligor, from any and all collection efforts. Presumably,... View More
I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?
answered on Jan 22, 2024
You don't get a list of discharged debts, unless your bankruptcy lawyer provides his opinion about that.
Your Order of Discharge says only that your discharge is of all dischargeable debts.
The Bankruptcy Code itself is somewhat helpful, with provisions about what needs to be... View More
I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served
answered on Sep 21, 2023
In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission... View More
1:23-cr-00369
I like to know the nature of case?and details of the action can be taken ?
answered on Aug 22, 2023
This is a criminal case. Would need to know the jurisdiction to find out specific details of the case.
My elderly mother's SNF rent/expenses are paid by her SS and pension, plus family contributions. I am her POA and do her bills. She can no longer afford her cc debt minimum payments (neither can we), and will die with no assets. She is in hospice and late 90s so not likely to live another... View More
I have a 20k personal loan for my hyuandi and a car loan on a 2017. The 20k has my hyuandi on it that took a dump. If I file bankruptcy on my 20k loan. Can they take my new car, the 2017 as well or will I get to keep that car?
answered on Aug 3, 2023
When you file any sort of bankruptcy case, you sign Official forms under penalty of perjury that you've listed every claim against you, whether you acknowledge it or not, and every asset (broadly defined). IOW, you cannot declare bankruptcy on selected debts or assets.
The answer to... View More
I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More
answered on Aug 2, 2023
Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.
answered on Jul 23, 2023
garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.
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