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Illinois Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Foreclosure for Illinois on
Q: How long do I have to get out of my home after I file bankruptcy and give the state my home.
Doug Allen Bernacchi
Doug Allen Bernacchi
answered on Mar 30, 2017

Until you get evicted...that is the simple answer.

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2 Answers | Asked in Bankruptcy, Family Law, Child Support and Collections for Illinois on
Q: I'm a prose creditor, is my debt nondischargeable if I have a child support related judgement based upon falsification?

I am an individual creditor & I do not want the debt owed me discharged. I have a judgement from family court saying the other parent has to pay me back overpayments that stemed from false child support claims she made. The other parent in question has filed Chap. 7. The notice says no... View More

Carol Cadiz
Carol Cadiz
answered on Mar 13, 2017

While more facts are needed and documents must be reviewed, it sounds like you might have the type of debt that is excepted from discharge in which case the appropriate steps must be taken with the court. Bankruptcy laws and family laws are complex, you need to get in to speak to a lawyer asap as... View More

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3 Answers | Asked in Bankruptcy for Illinois on
Q: I owe 26k in credit card debt but have been unemployed for months now. Going to school next year. Bankruptcy only option

Debts haven't become collections yet. Will I get sued? How can I avoid that if I'm not willing to put aside school for 3 years to go through a debt consolidation program? Is bankruptcy my only option? Which type? I'm in Illinois and I don't have any assets.

Carol Cadiz
Carol Cadiz
answered on Feb 13, 2017

Its impossible to tell you your options with an online site but given your situation, it sounds like you should explore your options with a bankruptcy lawyer in your area. Good luck

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I want to declare bankruptcy do I need to be in the country to file it?

I'm currently not in USA but my business is still running. I'm facing hard time to continue and want to shutdown and declare bankruptcy. I'm not a USA citizen and I'm an investor. I was told that I need to be physically present in the States to file bankruptcy. I also need to... View More

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Jan 26, 2017

Your question has several parts to it, so I will attempt to answer them in the order presented.

(1) To file Bankruptcy in the United States the Court must have jurisdiction over you (personal jurisdiction) and over your debts (subject matter jurisdiction). Another way to look at it is that...
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2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed chapter 7 received a letter from furniture company store that says I have to pay for the furniture or return it

I saw my Trustee today and none of my creditors were there, also in the letter it under Uniform Commercial Code Section 9-103 I need to know can they continue to collect the debt or do i send them a letter stating that i filed chapter 7 and stop sending me letters?

Mazyar M. Hedayat
Mazyar M. Hedayat
answered on Dec 7, 2016

If your Chapter 7 case was filed properly and all creditors identified, the furniture store should already have received a notice to cease and desist from all activities related to collection based on the Bankruptcy Code's "Automatic Stay." The store may still be able to take action... View More

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Question about wage garnishments/liens

I am currently gathering all of my information to file bankruptcy. Yesterday, I received a phone call from a lawyer trying to collect a past debt. She says the motion will be filed to serve me tomorrow unless I pay what is due. I do not have the money to pay this by tomorrow. She threatened wage... View More

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 8, 2016

This cannot be done without a judgment first. As soon as you file you will be able to discharge this liability. I would move forward with the bankruptcy as soon as you can.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Carol Cadiz
Carol Cadiz
answered on Oct 30, 2016

This could be a whole book in itself but the short answer is that Chapter 7 eliminates unsecured (example: most credit cards, medical bills, etc) debt where Chapter 13 is a repayment plan. Both have their advantages and disadvantages and usually it is not a matter of which one you want to do, but... View More

1 Answer | Asked in Bankruptcy and Car Accidents for Illinois on
Q: My license was revoked while I was going they bankruptcy how can I get this reversed

I was arrested twice during this time because my attorney failed to tell me that i needed to reinstate my license how can I fight this because I need to drive . I live far from my job and there isn't public transportation by my house

Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Check with a traffic ticket lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: I aI am filing chapter 7 bankruptcy tomorrow in Illinois I have a vehicle being worked on and I have a $900 outstanding

bill can I call them tomorrow and tell them to just stop working on it since it isn't fixed pick up the bill file Chapter 7 and still have my car back

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

Probably not. Have you talked with a bankruptcy attorney about this?

1 Answer | Asked in Bankruptcy for Illinois on
Q: My wife used a credit card AFTER bankruptcy that was included in the case. Is that legal if the card was not canceled?

The card she used was a retailers store card that had zero balance on it when she went through bankruptcy but was still none the less included in the case. My understanding is that this opens her up to having the discharge of debt thrown out and the debt reaffirmed.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

If the card had a zero-balance, there would be no debt to discharge or reaffirm. So I don't see any cause to worry.

She, and probably both of you, are liable for the amount she charged, of course.

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Hi, we are a used car dealer who sold our 'buy here-pay here' accounts to a larger finance company.

One of those accounts has filed bankruptcy and now the finance company wants us to 'buy back' the account in accordance with the terms of the contract, in which, if a customer becomes 20 days past due on their account within 60 days of the purchase of all of our deals, we are required to... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 21, 2015

You are not going to get the specifically tailored legal advice that you need for free on the internet. You are a company, the attorneys fees you incur is a business expense. Go see your attorney. Every business should have a local attorney to speak with when legal problems arise.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I am a sole proprietor and have begun filing Chapter 13 bankruptcy paperwork...

I have turned in all forms, schedules, etc to my attorney, including value of INVENTORY in my business... My problem is that I need to replenish inventory levels in my store....I am running low on product and need to buy things to keep customers shopping

Do I have to revalue my inventory??... View More

Kevin W. Chern
Kevin W. Chern
answered on Aug 20, 2015

You mention having turned in paperwork to your attorney. This is a question that should be directed to that attorney, before you take any action. Your attorney knows the details of your case and your jurisdiction, and is the best qualified person to answer this question (and the only one ethically... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: can you include existing electric and gas bills into your bankruptcy

I'm filing chapter 7

Kevin W. Chern
Kevin W. Chern
answered on Jul 27, 2015

Outstanding utility debt is considered unsecured debt, similar to credit card bills and medical debt. Chapter 7 bankruptcy can even provide a little breathing room to prevent disconnection of utilities. However, this is a short-term solution; in order to maintain utility services, the debtor or the... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: How are Chapter 13 bankruptcy payments decided?

I am thinking about filing Chapter 13 bankruptcy to keep my house and car, but I don't currently have any income. How will they decide how much I have to pay?

Kevin W. Chern
Kevin W. Chern
answered on Jun 24, 2015

To be eligible for Chapter 13 bankruptcy, you must have sufficient disposable income to fund an acceptable repayment plan. That income need not necessarily come from employment--for example, it might be Social Security benefits or royalties or even alimony payments. But, in order to have a Chapter... View More

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I FILED FOR BK IN 2011 WHEN CAN I FILE AGAIN
Kevin W. Chern
Kevin W. Chern
answered on Jun 19, 2015

The answer to your question depends on a number of factors not included here, particularly which Chapter you initially filed under and which you're considering.

Generally, you can file a Chapter 7 case and receive a discharge 8 years after your last Chapter 7 filing.

The...
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1 Answer | Asked in Bankruptcy for Illinois on
Q: are restitution orders discharged in bankruptcy?
Robert Gambrell
Robert Gambrell
answered on Jun 14, 2015

No. There are numerous exceptions to discharge of certain debts in the bankruptcy code. Some apply in chapter 7 and chapter 13 cases and others only apply in chapter 7 cases. One that applies in cases filed under both chapters is the nondischargeability of debt that is owed as restitution in a... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do I have to go to credit counseling even if I already know that I want to file bankruptcy?
Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

The Bankruptcy Code requires Credit Counseling for all individuals before filing bankruptcy. If a married couple files together, each must complete Credit Counseling. A bankruptcy case will typically be dismissed if the petitioner didn't complete Credit Counseling before filing--specifically,... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: How do I find out if I make too much money to file bankruptcy?
Robert Gambrell
Robert Gambrell
answered on Jun 7, 2015

There are two forms that must be completed so the office of the United States Trustee can determine if a bankruptcy debtor's chapter 7 filing is an abuse of the system. One is called the means test and the other is schedule I & J in the bankruptcy schedules. I have met with a significant... View More

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1 Answer | Asked in Bankruptcy for Illinois on
Q: MY WIFE FILED BANKRUPTCY ON OUR HOME WHERE SHE WAS PRINCIPAL BORROWER.BANKRUPTCY WASDISCHARGED.CAN THE BANK SUE ME LAT

CAN THE BANK SUE ME LATER AFTER MY WIFE IS DISCHARGED IN BANKRUPTCY

Kevin W. Chern
Kevin W. Chern
answered on Jun 6, 2015

Your situation isn't entirely clear from your question (for example, you don't say whether or not you were a party to the loan), but generally speaking one co-debtor remains liable after another is discharged in bankruptcy and would still be subject to collection action, including... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I owe 6 finance companys and 3 other on line accounts like ginnys,seventh ave,home at 5 do i qualify for bankruptcy
Ariel Weissberg
Ariel Weissberg
answered on Jun 4, 2015

The issue of "qualification" for bankruptcy is complex. As an individual, you qualify to be a debtor (see section 109 of the bankruptcy code) but the issue of whether you should file bankruptcy requires an investigator by a competent bankruptcy lawyer as to the status of your assets,... View More

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