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Illinois Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Illinois on
Q: I need a bankruptcy lawyer credit card company going after me for5.93835 I don't have a job
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for bankruptcy, Chapter 7. I thought I was on my house title a few days before my court date so I freaked out.

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.

James L. Arrasmith
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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...
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3 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: A hospital filed bankruptcy and a collection agency is coming after for bills not paid are they allowed to do this?

Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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3 Answers | Asked in Bankruptcy for Illinois on
Q: If the principle signer on a loan files bankruptcy, what happens with the cosigner? Is he then responsible?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If you are a cosigner on a loan and the principle signer claims bankruptcy, what effect does this have on a cosigner?
James L. Arrasmith
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answered on Feb 24, 2024

If you are a cosigner on a loan and the primary signer files for bankruptcy, the cosigner is still responsible for repaying the debt. The bankruptcy does not discharge the legal obligations of any cosigners.

More specifically:

- When the primary signer files for bankruptcy - whether...
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2 Answers | Asked in Bankruptcy for Illinois on
Q: I much will a chapter 7th cost?
Timothy Denison
Timothy Denison
answered on Jan 31, 2024

Varies greatly. $500 to $2500.

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4 Answers | Asked in Bankruptcy for Illinois on
Q: How do I get a list of everything that was discharged in a bakruptcy?

I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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2 Answers | Asked in Bankruptcy, Consumer Law, Banking and Lemon Law for Illinois on
Q: I have a car that I owe more than 10 thousands of dollars that I cannot drive because of numerous mechanical problems.

What are my best options since I cannot afford to pay to fix car and make my loan payments. I live in Loves Park, Illinois.

James L. Arrasmith
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answered on Jan 3, 2024

In your situation with a car that's costly to repair and still under a significant loan, there are a few options to consider. Firstly, check if your car is still under any kind of warranty. If it is, some or all of the repair costs might be covered, reducing your financial burden.

If...
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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.
PREMIUM
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.

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