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Illinois Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Illinois on
Q: debt collection

ok i have old balance since 2012 debt with protofollio recovery,i got garnished where lawyer fees and 75$ garnishment fee included so its exceded 15% of my pay check,yet after 7 month of garnishment i got fired,then after a year this protofolio recovery wants to start again with the same balance... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2019

This question (or rather, these questions) are to complex and convoluted for anyone to make sense out of. I suggest you get someone to help you compose a legible explanation in chronological order, eliminating unnecessary commentary and then post it as a new question(s).

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I have my chapter 13 dismissal because of a missed tax form reinstated
Ray Choudhry
Ray Choudhry
answered on Apr 16, 2019

"missed tax form reinstated"

What do you mean.

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3 Answers | Asked in Bankruptcy for Illinois on
Q: You: Hello. I filed for chapter 7 in March but filed my 2015,2016,2017 ammendment from IRS. What happens to the money..

Im expexting over 6k back

Timothy Denison
Timothy Denison
answered on Mar 31, 2019

If you have exemptions left, you may protect some or all of it with your exemptions. If not, the trustee will likely distribute it to your unsecured creditors. You should discuss this with your babktmruptcy attorney immediately.

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

My wife and I found ourselves in a considerable amount of debt in the last year because I had to take time off from my job and recuperate from surgery that I had. We just couldn't keep up with everything with the small amount of income that was coming in. We tried to do the right thing and... View More

Ray Choudhry
Ray Choudhry
answered on Mar 29, 2019

What you did was give away an asset that belonged to you prior to filing bankruptcy.

Giving away the house is no different than giving away money or stocks and bonds.

The Trustee has a right to get that house back and sell it to pay the creditors.

The Trustee won't have...
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1 Answer | Asked in Bankruptcy and Foreclosure for Illinois on
Q: How long do I have if I'm being ejected from my house that got foreclosed on I just found out on this site.
Timothy Denison
Timothy Denison
answered on Mar 16, 2019

It can vary from 30 to .180 days

2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file after the sell of mortgage free home approx a year ago? Home was sold to son for fair market value.

We used money from sell of home to pay debt, work on and furnish a home we have financed. We are buried in debt now and went from 2 job household to one job household. We could afford pmts on home the house and a vehicle and that is it.

Timothy Denison
Timothy Denison
answered on Mar 2, 2019

If you sold it to your son for the true market value, the answer is yes. However, if it was not a legit arms kength transaction, you should not file before consulting a competent bankruptcy attorney.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Reaffirmed my car and car is now trash . I'm stuck paying a car that's useless.What can i do?

I filed Chapter 7 Jan 2018 . I did have a vehicle at the time (Used vehicle) i got in 2017. I wanted to keep because i needed transportation. The car is not good and costs thousands of dollars to fix and i no longer want or can afford. Is there anything that i can do to change that reaffirmation... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2019

Unfortunately, if you reaffirmed the debt, you’re stuck paying it unless you can. Egotists some kind of settlement with the lender. Consult your bankruptcy attorney for options but I think you’re going to have to pay for it.

3 Answers | Asked in Bankruptcy and Traffic Tickets for Illinois on
Q: What usually happens when your found guilty of driving on a suspended license due to a judgment? What's the sentencing?
Juan Ooink
Juan Ooink
answered on Feb 7, 2019

Your question is really not that clear. If a judgment has been entered against you for a Driving on Suspended Ticket, you typically just have to pay the fine or deal with failure to appear. Driving on Suspended is a Class A Misdemeanor which is punishable by up to 364 days in jail and up to... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If I inherited a home 6 years before I file for a chapter 7 bankruptcy will the court take my inheritance from me
David Earl Phillips
David Earl Phillips
answered on Jan 7, 2019

The home will be property of the bankruptcy estate. Depending on the value of the home and your exemption will determine if the bankruptcy trustee will take the home and sell it. You really need a local bankruptcy lawyer to advise you of your options. Good luck!

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I have read a couple of cases where pension income from state pensions are exempt. How would that affect chapt 13 plan

Or means test

Timothy Denison
Timothy Denison
answered on Dec 3, 2018

Pension income is exempt although it can be used in the means test calculation as to whether there is presumptive abuse.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do companies have within a certain time limit to come after me for old debts? (10+ years)
Timothy Denison
Timothy Denison
answered on Nov 23, 2018

Most statutes of limitations are 15 years if a written contract and 5 years for an oral contract.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Does filing wipe out money I owe on taxes?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 9, 2018

In most cases, the answer is no, it does not. There are certain limited instances that it does, and I suggest you consult with a live bankruptcy counsel in your area

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Should I sell my house to my kids before I declare bankruptcy - I was going to pass it on to them when I died.
Ray Choudhry
Ray Choudhry
answered on Oct 26, 2018

Your question is very complicated.

Illinois allows certain exemptions, such as for homestead.

If you sell for under market or give away assets prior to filing, the trustee can get those items back and sell them and pay your creditors with the money.

Check with a bankruptcy...
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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Illinois on
Q: How to get some help with Attorney Fees / Court Cost as an out of state respondent from OH. Divorce Petitioned in IL.

I am seeking some financial help and/or, Pro-Bono, or very low cost legal representation in a Divorce case filed against me in Lake county IL.

My husband left " for a new Job" one year ago, leaving our 11y,o daughter ( w/Autism) & me behind. It was our intention to join him... View More

Timothy Denison
Timothy Denison
answered on Oct 13, 2018

Check with legal aid and the local bar association where the case is filed. They can help you find a lawyer.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Along with my other debts, I owe back taxes to the IRS. Can Chapter 13 bankruptcy help?
Timothy Denison
Timothy Denison
answered on Oct 12, 2018

7 or. 13 could help but you need to have a local attorney review your financial situation.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How can I find the lowest cost bankruptcy lawyer? I don't have money to pay a lawyer.

over $16,000 in debt, plus over $10,000 on car load, and a mortgage to pay.

Timothy Denison
Timothy Denison
answered on Sep 28, 2018

Check with your local bar association or legal aid society.

1 Answer | Asked in Bankruptcy for Illinois on
Q: 10 year old private student loan debt, do I reply to this mail?

https://ibb.co/nqMAj9 this is basically a notice about a 10 year old debt asking for validity or being sued. The debt is apparently over $16,000+ and I don't remember anything about it.

I need these calls to stop and leave me alone. I do have a federal loan situation, so I know those... View More

Timothy Denison
Timothy Denison
answered on Sep 27, 2018

No. Either the debt is valid or it is not. Demand verification of thr debt under USC 1692. They must cease calling and contacting you until they comply.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Recd life ins paymnt after husb death. Trustee says money not exempt, as was commingled in my bank account. I this valid
Timothy Denison
Timothy Denison
answered on Sep 19, 2018

If you can show where the money went I to your account and how it was used, you may be able to defend trustees claim.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed ch7 no asset in April with exemptions. Court record Status is discharged aug/ awaiting closing.

Now atty says trustee want to settle for 15k. this sounds like extortion to me. What is going on?

Timothy Denison
Timothy Denison
answered on Sep 19, 2018

Need more info and explanation as to what the 15 k claim is for.

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