Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Bankruptcy Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.
PREMIUM
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...
View More

View More 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
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More 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.
PREMIUM
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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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...
View More

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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...
View More

View More Answers

1 Answer | Asked in Banking, Civil Litigation, Contracts and Bankruptcy for Illinois on
Q: Can I say I’m going in to bankruptcy during a judgement
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Bankruptcy for Illinois on
Q: Hi I filed a chapter 13 a number of years ago . The case was dismissed. Can I get rid of a car that was part of the case

The car was not reported on my credit report. I need to junk it.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 5, 2023

When a Chapter 13 case is dismissed, under the Bankruptcy Code, everything returns to the way it was, as if the case had never been filed.

If any creditor held a lien against your auto, and you have not fully repaid the lien, then it still exists and remains enforceable.

You can...
View More

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.