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and if yes how do I caculate severence owed?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:
1. Timing is crucial: If your parents have already filed for bankruptcy, transferring... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 1, 2024
If you're facing financial challenges and a credit card company is pursuing you for debt, seeking the assistance of a bankruptcy attorney can be a wise step. Bankruptcy lawyers are trained to help individuals navigate the complexities of financial distress and can provide guidance on whether... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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?
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
Taking us to small claims court to collect on bills. Isnt the hospitals finances wiped out because of this?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Mar 13, 2024
When a hospital files for bankruptcy, it does not necessarily mean that all of its outstanding debts are automatically wiped out. The specifics of what happens to the hospital's debts depend on the type of bankruptcy filed (Chapter 7, 11, or 13) and the court's decisions during the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Feb 24, 2024
Yes, if the primary signer on a loan files for bankruptcy, the cosigner is still fully responsible for repaying the debt. The bankruptcy filing does not dismiss the cosigner's legal financial obligation.
Specifically:
- When a person files for bankruptcy, it impacts the debts... View More
![Martha Warriner Jarrett Martha Warriner Jarrett](http://justatic.com/profile-images/1671139-1684368721-sl.jpeg)
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?
![Steven J Grace Steven J Grace](http://justatic.com/profile-images/1484328-1706810634-sl.jpeg)
answered on Feb 1, 2024
Just because a student loan is in collections doesn't change the type of debt. The only way to discharge student debt would be to file an adversary case specifically against the student loan debt. If you didn't file this special kind of case inside your bankruptcy, then no, your student... 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?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jan 23, 2024
To obtain a list of debts that were discharged in your bankruptcy, you can request a copy of your discharge order and the final report from the bankruptcy trustee. These documents will list all the debts that were included and discharged in your bankruptcy case.
Regarding your specific... 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?
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... 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
![Bryan R. Bagdady Bryan R. Bagdady](http://justatic.com/profile-images/1526640-1544821845-sl.jpg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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