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Illinois Questions & Answers
1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed bankruptcy on my own on March 29th. Now since the cares act passed on March 27th I was told no stimulus for me.

It was a chapter 7. I see the provision for chapter 13 where it says the stimulus would go to the debtor but is there something for chapter 7 as well. stimulus is considered to be part of my bankruptcy estate. So I'm reading it can be taken by the trustee to satisfy creditor debts. My question is... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2020

See my previous answer.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed chapter 7 by myself on March 29th. Will I get to keep the stimulus and why? Read it would be part of my bk estate.

There are a few provisions under the cares act for chap 13 but I don't read anything for chap 7 saying that the stimulus is safe from the trustee. Is there something that specifically says I will get to keep the stimulus so I can cite it if the trustee brings it up. When I filed I had 3100 in my... Read more »

Timothy Denison
Timothy Denison answered on Apr 7, 2020

No. The stimulus check should not be part of your bankruptcy estate as it is not income so if you otherwise qualify, you should get the check.

1 Answer | Asked in Criminal Law for Illinois on
Q: Someone drove by my home and shot a pistol into my living room. I dont think its being handled properly.

Last fall , a teenager got drunk at a party in our town. He drove his car past my house at 5am and shot his pistol thru my window while myself, my 2 yr old, and my fiance were asleep. He was arrested and bonded out. He now has another similar case in another county. We had to move, I owe my... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 7, 2020

No, you are the victim and are represented by the District Attorney’s Office. Contact them and tell them what your wishes are. Title 15 of the Code of Alabama is dedicated to victims of crimes. You have a right to be present and heard at all proceedings involving your case.

1 Answer | Asked in Business Law for Illinois on
Q: I am starting an internet-based credit repair company, can I service clients in any state?

My business is strictly internet. I skype or video chat with my customers or chat on the website. I am registered in Wyoming but I am now in Illinois with my fiance. He is referring his friends but I make them go through the website to get information or to request information and sign up.

Robert Shipley
Robert Shipley answered on Apr 7, 2020

Your description describes that you will be actively operating your company in Illinois and will be generating income as well as presumably conducting activities related to your business. You should register your business with the Illinois Secretary of State. Below is a link to the Illinois... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

You will not automatically get an extension. You still must file the extension and have it be received by USCIS before the expiration date. USCIS is still processing petitions.

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2 Answers | Asked in Criminal Law for Illinois on
Q: I am wanting to get a handgun permit I have a felony 25years ago it is sealed would that deny me
William Wolf
William Wolf answered on Apr 7, 2020

Yes. You are still a convicted felon in the eyes of the State of Illinois.

Sealing means that the records have been hidden from public view, not that the records no longer exist.

The only way to legally be able to acquire a handgun in the State of Illinois will be if the Governor...
Read more »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed bankruptcy on March 30th. Would I get the stimulus or will it go to the trustee? It is a chapter 7.

It would be considered post petition. I filed on my own so I am trying to get information.

Timothy Denison
Timothy Denison answered on Apr 6, 2020

Stimulus check should go to you.

2 Answers | Asked in Divorce for Illinois on
Q: Is it better if I file or he. Does it make a difference?

How fast can I file with the corona virus going on?

Robert B. Buchanan
Robert B. Buchanan answered on Apr 5, 2020

Depends on your case and goals. If you're asking the question, you should consult with a lawyer.

Corona is not affecting when you can file.

Are you wanting support or maintenance?

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2 Answers | Asked in Bankruptcy for Illinois on
Q: I have already filed chapter 7 will I get to keep the stimulus check?

There is so much information out there that is very confusing. I filed on March 31st. From what I have read it can't be taken to pay creditors which is ultimately the job of the bankruptcy trustee

Timothy Denison
Timothy Denison answered on Apr 5, 2020

Yes

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1 Answer | Asked in Divorce for Illinois on
Q: if My husband makes more than I, can I ask for alimony?

I supported him for 7 years he just got a great job and then walked out last week to live with a woman he met at the gym. I want to file for divorce, but he owes me over 200,000 and I am laying on all back taxes. Can I get some type of mandated payment until the taxes and loan is repaid?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 5, 2020

You cannot compel him to pay anything until you file a case for divorce or legal separation. This will make him subject to the court's jurisdiction. Without this, the court has no power over him.

2 Answers | Asked in Criminal Law for Illinois on
Q: Can I be charged with the crime of sexual assault if there is a false confession on Facebook messenger?

My ex alleged I committed sexual assault against her over a year after she said it happened. She deleted five years worth of Facebook messenger conversations between her and I on my phone, maybe hers as well. In three screenshots (not whole conversations) I seemingly falsely confess to it, along... Read more »

James G. Dimeas
James G. Dimeas answered on Apr 5, 2020

The bottom line is that if the prosecutor reviews all of the evidence and besides that they can prove you guilty of a crime in court, they may charge you with whatever they think they can prove in court. This is a decision that will be made by the prosecutor. I would recommend that if you are... Read more »

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can my friend get in trouble?

.

Juan Ooink
Juan Ooink answered on Apr 3, 2020

Your friend needs to hire a criminal defense attorney before he does anything else. The sooner he does this, the better.

1 Answer | Asked in Banking for Illinois on
Q: Regulations against banks refusing loans, but forcing people to use credit cards at higher APR. Consumer protection?

My bank has refused car loans and then refused a lower motorcycle loan, so I could have transportation after lease end. The amounts were $12,500 & $11,164 - then 3rd app was for $8,500.

All refused due to "too many inquiries. While that bank was the only inquiry on the credit reports.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

No. American banks can refuse loan applications for any financial reason--whether you think it is the right decision or not. Learn this lesson right now:

ALL banks are ALWAYS looking out for THEMSELVES first, not for their customers. Banks do not care about you, nor do they want your...
Read more »

1 Answer | Asked in Bankruptcy for Illinois on
Q: I'm in chapter 13 and I'm in retirement, irs is in the chapter 13, do I still have to fill out a simple form for irs to

To send a stimulus check?

Timothy Denison
Timothy Denison answered on Apr 2, 2020

If you didn’t file in 2018 ir 2019, then yes, you do.

1 Answer | Asked in Family Law for Illinois on
Q: My mother was removed from my life about 10 years ago by myself and husband ,she is a toxic person and can’t be trustes

She has been told repeatedly to not come to my house, call, send items in the mail or contact myself or my children under any circumstances. Again she is toxic and not welcome in my life, especially around our children. My husband is 100% in agreeance. However, she continues to send items in the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Apr 2, 2020

You need to go to court and get a "no contact - no stalking" order. Almost any general practice or family law lawyer can help you with this.

1 Answer | Asked in Estate Planning and Family Law for Illinois on
Q: I have a question about parents cremains. Sister has my moms and I'd like them split along with my dads.

My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they belong... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Apr 1, 2020

The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.

1 Answer | Asked in Divorce for Illinois on
Q: I divorced September, 2018. It was mutually agreed upon and we used 1 lawyer. Now I am having financial difficulties.

My income is $870. Per month. His is $1690. Per month. Can I take him back to court and be awarded alimony?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 1, 2020

Typically, your Judgment for Dissolution will either bar alimony or reserve it. Depending on the facts of your case, and if alinony was reserved, you might have a chance of getting it. If you waived alimony or it was barred, you are out of luck because the Judgment is final.

1 Answer | Asked in Estate Planning for Illinois on
Q: What happens when a beneficiary on an annuity is deceased? How is his portion distributed If there is a trust?

The annuity is not in the trust but list beneficiaries. The trust designates the deceased portion to go to his children. How can we assure that happens?

Charles E. Hutchinson
Charles E. Hutchinson answered on Mar 30, 2020

Without seeing the annuity itself it is difficult to answer. However, if at the time the payout is made, the payout is made only to the living beneficiaries, there are several options they can take to ensure that the descendants of the deceased beneficiary receive his equal share under the... Read more »

1 Answer | Asked in Contracts for Illinois on
Q: How can I protect myself as a contractor?
Bryan R. Bagdady
Bryan R. Bagdady answered on Mar 30, 2020

Take a look at my article on ten essential business contracts. This is a good starting point. Best of luck. - Bryan.

http://celsinfo.com/essential-business-agreements/

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