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Illinois Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??

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

Bryan R. Bagdady
Bryan R. Bagdady
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

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2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Hi

1:23-cr-00369

I like to know the nature of case?and details of the action can be taken ?

Timothy Denison
Timothy Denison
answered on Aug 22, 2023

This is a criminal case. Would need to know the jurisdiction to find out specific details of the case.

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1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Should I inform my elderly mother's cc company by letter she cannot pay her minimums anymore, or just let it go?

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

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

Just let it go.

2 Answers | Asked in Bankruptcy for Illinois on
Q: My Bankruptcy says that I am in default for $7,500 but my payments were only $400 per month. How can this be?
James L. Arrasmith
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answered on Sep 8, 2023

It seems like there might be a discrepancy or error in the reporting of your payment history or a possible accumulation of late fees, penalties, or other charges. I would advise you to carefully review your payment history and loan agreement to understand the details of the default amount. It would... View More

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2 Answers | Asked in Consumer Law, Small Claims, Bankruptcy and Collections for Illinois on
Q: Can I continue to use my capital one credit card in good standing, even if I have a default judgment with discover card

I owe discover card 6000 dollars. They recently in April 2023 have a default judgment against me in cook county circuit court, in illinois. Chicago. I have a court case in September for citation to discover assets. I know they ask about my bank accounts, savings, etc.. Does the creditor in... View More

James L. Arrasmith
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answered on Sep 8, 2023

In the citation to discover assets proceeding, the creditor will indeed inquire about your financial situation, which may encompass your credit card accounts and the balances you owe. While there are no explicit rules prohibiting the use of other credit cards, it may potentially cast you in an... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Bankruptcy

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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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2 Answers | Asked in Civil Litigation, Collections, Consumer Law and Bankruptcy for Illinois on
Q: Can creditor with default money judgment, find out where I bank, before they file an affvadvit to discover my assets?

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

Joel Gary Selik
Joel Gary Selik
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.

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2 Answers | Asked in Civil Litigation, Collections, Bankruptcy and Consumer Law for Illinois on
Q: Can my uber (1099 )wages be garnished by a creditor? I have default judgment for 9,000 in chicago IL, court.
Joel Gary Selik
Joel Gary Selik
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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1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: DEFAULT Judgment against me for 9000 from creditor. ILLINOIS. Can my uber wages be garnished if I can't pay? Bank levy?

I believe they could put a levy on my bank account. My wages from uber go into this account. Can I open a new bank account, and use that for my wages? Do creditors have to make seperate court filings for individual banks? Or does one bank levy order apply for all banks ?

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Open a new account. Separate filing foe each account.

1 Answer | Asked in Bankruptcy, Employment Law, Products Liability and Real Estate Law for Illinois on
Q: i owe to CarleBromenn hospital 28000, i had not insurance on those days, is there something that i can do? thanks

i owe to CarleBromenn hospital 28000, i had not insurance on those days (i get into emergency room due to a kidney stone), my insurance were activated like a week after that and i have no way to pay 28000, thanks

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You might look into filing a bankruptcy, depending on your financial situation.

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: In Cook County Illinois, is there a time limit to quash a summons that was not properly or served at all?

A credit collection got a judgment against me nearly two decades ago. I was not aware of the proceedings, therefore never responded and it was a default judgment in 10/2005.

Subsequently the judgment was renewed in my new state of residence, again unbeknownst to me, and now are attempting... View More

Timothy Denison
Timothy Denison
answered on May 30, 2023

You should be able to still challenge it in the court in which it was made.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Bankruptcy for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
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answered on Mar 2, 2023

Yes, you can declare bankruptcy during a judgement. Filing for bankruptcy can stop or delay the enforcement of a judgment against you, as well as discharge or reduce certain debts. However, it is important to note that there are different types of bankruptcy, and not all debts can be discharged or... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can an attorney be a participant in another company's webinar and receive referrals through this association?

No money would exchange hands and the referrals would be the result of a process where the attorney would be the next logical step in the process.

Timothy Denison
Timothy Denison
answered on Feb 18, 2023

Yes. They can.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Hi I filed a chapter 13 a number of years ago . The case was dismissed. Can I get rid of a car that was part of the case

The car was not reported on my credit report. I need to junk it.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 5, 2023

When a Chapter 13 case is dismissed, under the Bankruptcy Code, everything returns to the way it was, as if the case had never been filed.

If any creditor held a lien against your auto, and you have not fully repaid the lien, then it still exists and remains enforceable.

You can...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file for chapter 7 bankruptcy after a resignation?

I am being forced into resignation from my job after 20 years or I can be fired, which means I would not be hired in my profession again. I was planning on filing for chapter 13, but now is it possible to file for chapter 7?

Can I file chapter 7 after a resignation?

Illinois

Timothy Denison
Timothy Denison
answered on Dec 26, 2022

Absolutely. You can file a 7 after resignation.

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1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: how do i get a court ordered hold on my bank account removed, so i can pay debt out of my ira account with the same bank
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Make a motion to release or terminate the hold in the court that originally ordered the hold.

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Debt Insolvency WorkSheet Question

My wife and I received a CP2000 for a cancelled debt of a car loan (the car WAS NOT repossessed and she got that loan before we got married).

The facts:

The debt was my wife's debt from before we got married.

The car is still owned by the bank who gave my wife the... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Total her assets alone on that form.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Bankruptcy question regarding spouse

Will my wife find out or be alerted if I file for bankruptcy? The only thing we have together is a joint bank account with a few hundred dollars in there. The house, and one of the cars is in her name solely, and has been since the beginning. Also, I have a few years left on my car loan, if I were... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2022

Yes. She is a co debtor and must be notified.

2 Answers | Asked in Bankruptcy for Illinois on
Q: My wife and I filed Chapter 7 Bankruptcy in August 2019. Can just one spouse file again?

I'm so depressed. My wife and I filed Chapter 7 Bankruptcy in August 2019 because I had to retire at 62 because of a bad back and social security wasn't going to pay my debts. Now I'm 65 and my wife is 73. I personally have credit cards and 2 personal loans. All unsecured. And... View More

Joseph Wrobel
Joseph Wrobel
answered on Sep 14, 2022

Chapter 7 is not available to you until August of 2027 since Chapter 7 can only be filed every eight years.

Chapter 13, a consolidation of your debts, may be possible depending upon your budget.

The best thing you can do is contact an experience Bankruptcy attorney in the county in...
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1 Answer | Asked in Bankruptcy and Small Claims for Illinois on
Q: I was told a debt lawyer was pursuing a lawsuit. How much time do I have until I'm served a summons. I live in Illinois

I plan on paying the debt. I just need to know how much time I have until the summons.

Timothy Denison
Timothy Denison
answered on Aug 1, 2022

Impossibly to say. Probably anywhere from a day to a month or two. Just depends how quickly he gets it moving.

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