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Illinois Bankruptcy Questions & Answers
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.

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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.
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 »

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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?

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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 »

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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.

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1 Answer | Asked in Civil Litigation, Collections and Bankruptcy for Illinois on
Q: Can a judgement creditor stop the sale of my car?

I am trying to trade in a vehicle that is completely paid off. There is a memorandum of judgement for old credit card debt against me. This debt is only in my name, but the car is owned by both my wife and I. If I apply for a duplicate title, will the state stop the issuance of the title to me? Can... Read more »

Timothy Denison
Timothy Denison answered on Dec 9, 2020

Unless there is a judgment lien against the vehicle, it should not affect your transfer snd sale of the vehicle.

3 Answers | Asked in Bankruptcy for Illinois on
Q: I have several unsecured debts, will it be a problem if I payoff a 2 debts 6 months prior to filing Ch 7?

I have 2 lawsuits which is the reason why I want to payoff those 2 debts because I cannot file Ch. 7 till June of 2021.

Because I will start to pay full alimony to my ex-wife starting December 1st 2020 which will bring net income to almost zero, that is why in June 2021 I will file Ch.7.

Robert J. Semrad
Robert J. Semrad answered on Nov 17, 2020

Hello,

If you would like to receive a free phone consultation with an attorney please call us at 773-654-4518.

Thank you

DebtStoppers

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3 Answers | Asked in Bankruptcy for Illinois on
Q: I cannot rent my own apartment, I am living at extended stay hotel can I use that as my monthly rental expense for ch 7?
David Luther Woodward
David Luther Woodward answered on Nov 15, 2020

Rent is rent.

What you do need is a bankruptcy lawyer to review your entire situation. The bankruptcy forms are daunting for the unitiated.

Good Luck

d

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2 Answers | Asked in Bankruptcy for Illinois on
Q: If I move with gf but the lease is under her name, If I pay the complete rent can I use that full expense for ch 7
David Luther Woodward
David Luther Woodward answered on Nov 15, 2020

I think you should consult a good bankruptcy lawyer in your neighborhood, but absent that, if it is your expense, you include it. Even though you are not married you and she make up a "unit" that might require reporting. That's one reason you need a lawyer to analyze your... Read more »

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3 Answers | Asked in Bankruptcy for Illinois on
Q: is the property's rent and mortgage included in the Ch. 7 means test?

The sole owner is my ex-wife but the mortgage is under my name, she files on her tax return all rental income and she handles mortgage payments.

Robert J. Semrad
Robert J. Semrad answered on Nov 10, 2020

Hello

Thank you for reaching out to us. Please let me know what is a good number and when to call you so I can set up a free phone consultation with an attorney.

Regards,

DebtStoppers

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How can I get my money back from my bankruptcy lawyer?

I paid him in full on July 14th. I gave him all the documents and information that he needed to fill out the petition, but for the last almost 2 months, I can’t get him to return calls or emails. No petition has been completed for me to sign, and I am in desperate need for this to be filed... Read more »

Timothy Denison
Timothy Denison answered on Oct 6, 2020

Go to his office, plant yourself, and don’t leave until he gives you a refund.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Are unemployment benifits exempt from chapter 7 bankruptcy in Illinois? Can they turn you down for having them?

Can the courts take your unemployment money from you or is that untouchable?

Timothy Denison
Timothy Denison answered on Sep 18, 2020

They are treated as income for the means test but you’re not likely to ever be turned down bc of them.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Civil Litigation for Illinois on
Q: Will a memorandum of judgement against me for a credit card debt affect my wife's house?

The mortgage is in my wife's name, but I am listed as a "tenant by entirety."

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

Absolutely... The Judgment Lien encumbers any and all interests you have in real property in the County in which the Judgment is recorded in. And you own the same estate your Wife does. Contact a competent Illinois attorney to get the specifics about how long the Lien attaches, and whether... Read more »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I'm legally separated and looking to file bankruptcy but own a house with my spouse. What are my options?
Timothy Denison
Timothy Denison answered on Sep 8, 2020

You can still file solely although you need to let a bankruptcy attorney look at all your financials so you can take the best option.

2 Answers | Asked in Bankruptcy for Illinois on
Q: I filed a Chapter 13 back in 2014. I had it converted to a Chapter 7 in 2018. How long will it stay on my credit report?
David Luther Woodward
David Luther Woodward answered on Aug 15, 2020

Your question is not a legal question, but a business question.

The only way to know for sure is to inquire from the credit reporting agency that is carrying it on your record.

FYI, you will be getting credit (card) offers shortly after your discharge probably because your are...
Read more »

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2 Answers | Asked in Bankruptcy for Illinois on
Q: What if my wife refuses to pay for my debt?

I have judgments against me totaling around $60,000 for credit card debt, plus another $40K in unsecured debt that has not been brought to court. All of this debt is in my name only. I am self-employed, but currently struggling/out of work. I would like to file a chapter 7, but my wife's... Read more »

Timothy Denison
Timothy Denison answered on Aug 10, 2020

Try a Chapter 7 just in your name. Your wife has no obligation to pay your debts. Consult a competent bankruptcy lawyer who can review your financial situation before you do anything.

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