Lawyers, Answer Questions  & Get Points Log In
Illinois Bankruptcy Questions & Answers
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... Read more »

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Total her assets alone on that form.

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 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... Read 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... Read 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...
Read more »

View More Answers

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.

1 Answer | Asked in Bankruptcy for Illinois on
Q: If I file a chapter 7 in Illinois does my landlord have to be notified?
Timothy Denison
Timothy Denison
answered on Apr 21, 2022

Yes.

1 Answer | Asked in Car Accidents and Bankruptcy for Illinois on
Q: Insurer filed Dec 21 a lawsuit for the damage I made in a car accident in Dec 2016. Can the debt be written off?

Untill this year I didn't know that the other driver filed a claim, the approximate damage looked around $1000 but it turned out that he filed a claim for more than $11.000.

I’m not sure if it’d suspend my driver license if I’m not capable of paying that amount. I can’t let... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Apr 13, 2022

You can enter into a payment plan with the insurance company if you can agree upon an amount. As long as you stick with the payment plan your license will not be suspended. Or you can write off the debt and bankruptcy. Or win the case in court.

Otherwise, if they take a judgment and file...
Read more »

2 Answers | Asked in Bankruptcy for Illinois on
Q: In general, can lawyers pay for "qualified referrals" within an affiliate relationship with another company?

Part of our business model is to determine the financial condition of our clients. If they are in a poor financial state and should consider a bankruptcy, we would like to refer them to a lawyer and receive a pay-per-lead fee (some commission) from the lawyer based on agreed upon terms if this is... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 7, 2022

The Bankruptcy Code expressly prohibits lawyers from representing a debtor is the attorney has in any shared his retainer or bankruptcy fee, or agreed to do so, and every debtor's lawyer must sign a prescribed form of Affidavit regarding fee-sharing and file it with the court.

It might...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Rights for Illinois on
Q: I started a nail salon with someone. She didn’t have money to start it so I let her borrow from me but we didn’t make a

We didn’t make a contract. We worked for a month and a half now but we fell into a disagreement and she left and won’t respond to my calls. I’ve been working alone without even paying myself. How do I proceed from here when she won’t respond to any of my messages and calls.

Timothy Denison
Timothy Denison
answered on Jan 26, 2022

If there’s no agreement, just move forward as if the salon is yours. She has no interest since she provided no investment.

2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Law suit loan company took loan money after I filed bankruptcy.

I took a loan against my workers comp case in 2018. I filed chapter 7 bankruptcy in December 2020, bankruptcy was discharged April 2021 with the loan company on the bankruptcy and they did not contest the discharge. WC attorney office paid the loan company in December 2021 when my case settled not... Read more »

Robert J. Walinski
Robert J. Walinski
answered on Jan 7, 2022

In all probability the lender had a perfected security interest in the settlement. While any personal liability on your part was discharged, the lien would survive the discharge unless you successfully moved to avoid it. The basis for such avoidance would normally be that the lien somehow... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Illinois on
Q: I entered a doomsday with my mortgage company. I sent 2 money orders in the mail on the first. It was lost in mail

I can guarantee a double payment in two weeks for the payment lost in the mail and current payment what can happen

Timothy Denison
Timothy Denison
answered on Nov 15, 2021

Probably nothing although in the future you should get a tracking number on each piece of mail you send.

2 Answers | Asked in Bankruptcy for Illinois on
Q: I have a chapter 13. I am not able to make this monthly payment. I have a financial emergency. will my case be out

I have never missed a payment before. I have been short once, but never missed a payment. will my case be automatically dismissed. I've tried to get in touch with the trustee. . .line always busy.

Timothy Denison
Timothy Denison
answered on Sep 24, 2021

No. It can be deferred until the end or recalculated under a plan modification.

View More Answers

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can my Sister buy a condo and rent it out to me if I am in a Chapter 13 bankruptcy?

Basically, I am going through a divorce and need to move out. Since buying a condo would be cheaper than renting an apartment, my sister has offered to buy a condo and rent it out to me. Would this be allowed if I am currently in a Chapter 13 bankruptcy (without my spouse) or would they look at the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 6, 2021

I agree with the prior to answers. The bankruptcy rules and statutes target transactions in which "value", e.g., money's worth, leaves the debtor's estate, not where some benefit is incoming to the estate.

And assuming that you have a 5-year Ch. 13 plan, at the end of...
Read more »

View More Answers

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

What is your question?

View More Answers

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file chapter 7 if I own my home and car (no mortgage or car payment)
Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 25, 2021

If you own your home and your car with no loans or liens against them, you are likely to lose them in a Chapter 7, unless they are of very low value and lower than the Illinois exemptions. Your bankruptcy trustee would be entitled to sell your "non-exempt" property and distribute the... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Illinois on
Q: I am presently working for a Retail Store that declared bankruptcy with the store closing at the end of the month.

They have since sold the store to another company. We were suppose to file for unemployment but now they are telling us we can't cause the other company bought our store. The other company wants for us to fill out new job applications. The Store closes on March 31, 2021. So who am I... Read more »

Lloyd M. Nolan
Lloyd M. Nolan
answered on Mar 26, 2021

This is not a bankruptcy question. It is actually a question about Illiniois unemployment compensation. I do not handle unemployment issues, but I believe that you would be ineligible for unemployment if there is a job offered to you with the new company and you decline. Even if one is receiving... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Products Liability and Workers' Compensation for Illinois on
Q: What should I do to get my money back from the seller who owes me money?

It is a long story, but basically I was selling an item through an app with a protection policy of as long as you buy through the app then you are safe, but recently I got tricked into thinking this guy used the app to purchase some items to me, but he didn't and sent a fake email as... Read more »

Charles Candiano
Charles Candiano
answered on Jan 17, 2021

Nothing in your question makes any sense. Perhaps you are not fluent in English. I have used PayPal since 1999. When someone pays you through PayPal, you receive an email confirmation AND the funds are IN YOUR ACCOUNT. In the days before PayPal, when you won an auction on eBay and paid by... Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: I have a active chapter 13. I been paying chapter 13 trustee now im filing chpt 7 . Should I keep paying the trustee
Timothy Denison
Timothy Denison
answered on Jan 16, 2021

Yes, until the conversion is granted. Then you can stop.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I'm currently in a chapter 13 and I've been in for a year. I asked my lawyer about obtaining credit while I'm in

Can I obtain credit while in a chapter 13 if so what kind?

Timothy Denison
Timothy Denison
answered on Dec 17, 2020

You should get permission from the trustee or court before you incur any new debt of any kind.

2 Answers | Asked in Bankruptcy, Civil Litigation and Employment Discrimination for Illinois on
Q: will bankruptcy get rid of this lawsuit?

I was injured at work, was on workers comp for several months and was cut off right before surgery by the whole insurance playing their games. my wc lawyer pawned me off to another "trial" lawyer who then pawned me off to another "new guy in the firm" lawyer who completely... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on Dec 14, 2020

I'm sorry to hear about your experiences. You should immediately reach out to a competent attorney to address the pending lawsuit from the actual company. At the very least you will need to complete consultation to fully understand your options.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.