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Illinois Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

James L. Arrasmith
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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...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
James L. Arrasmith
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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...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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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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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
James L. Arrasmith
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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

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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.
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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 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?

James L. Arrasmith
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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

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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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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
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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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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?
James L. Arrasmith
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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...
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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?

Steven J Grace
Steven J Grace
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

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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.
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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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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?

James L. Arrasmith
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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...
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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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4 Answers | Asked in Bankruptcy and Family Law for Illinois on
Q: Husband cosigned a loan for daughter. She has cut off contact with us and is defaulting on her loan. Any recourse?

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?

Timothy Denison
Timothy Denison
answered on Dec 4, 2024

You can sue her for the payments.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: I accidentally used afterpay right after filing chapter 13, haven’t met with trustee yet. What now
Timothy Denison
Timothy Denison
answered on Nov 23, 2024

Just explain it to the trustee when you meet. You will likely have to repay it.

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1 Answer | Asked in Collections, Bankruptcy and Foreclosure for Illinois on
Q: Can a judgement creditor get a lien and foreclose on joint tenantcy property in Illinois?

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?

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Family Law, Child Support and Domestic Violence for Illinois on
Q: i have family law questions, they would be concerning child support, back pay and custody arrangement's.

i have a detailed case and it is best explained over a phone call

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy for Illinois on
Q: If credit card debt is in my name and mortgage is in my name and my husband's name is our house protected?
James L. Arrasmith
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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

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