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Illinois Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Illinois on
Q: Can I file for bankruptcy even though I am not behind on bills
David Siegel
David Siegel
answered on Dec 26, 2013

You do not have to be behind on your bills to file for bankruptcy. Many clients are current on all of their bills, however, they are struggling to survive month to month. Once you have made a decision to file, you should stop making payments on debts that are going to be eliminated.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do I need a bankruptcy lawyer>
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Impossible question to answer.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can I refinance my home if I am currently in Ch. 13 Bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

The only way to find out is to try. However, I would caution you to discuss the implications of doing this with your attorney.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Do i need a bankruptcy attorney?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Impossible to answer. Do I need an oil change?

2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed ch.7 in 2011 & want to add a debt i got in 2012. i lost my job due to injury can i add this to my ch.7?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

No, you may not add post-petition incurred debts to your previously filed bankruptcy.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: If i file for bankruptcy will that also get rid of my fines from court
Andrew Bresalier
Andrew Bresalier
answered on Aug 20, 2012

NO. Bky expressly, will not discharge liability for criminal/traffic fines/penalities.

1 Answer | Asked in Bankruptcy for Illinois on
Q: After filing bankruptcy a credit is threating to take me to civil court for check fraud. Can they do this?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

You do not explain exactly what the circumstances are. I do credit card collection defense. I do not do bankruptcy. I would also contact a bankruptcy attorney in Illinois. They can help you navigate through that.

1 Answer | Asked in Bankruptcy for Illinois on
Q: If a couple is getting divorced, when should they consider filing a Chapter 7, before or after divorce starts?
Andrew Bresalier
Andrew Bresalier
answered on May 30, 2012

If you are on talking terms, it is better to do a joint Bky before the divorce.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Why when someone files for chapter 13 has to submit their tax returns to the trustee?
Mr. Min G Kim
Mr. Min G Kim
answered on Apr 6, 2012

Once you file for your bankruptcy it creates a bankruptcy estate that includes all your interest and debts. This includes your tax returns. Depending on your trustee and district, future tax returns are dealt differently. Consult your current attorney or local legal organization or clinic where... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: May i include property taxes in a chapter 13?
Mr. Min G Kim
Mr. Min G Kim
answered on Apr 6, 2012

yes, and more importantly, you must include all debts in your chp 13 bankruptcy. however, unless your ongoing mortgage payments includes the escrow payment, than your future property taxes must be paid outside your bankruptcy unless otherwise dictated in your chp 13 plan. Consult your current... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: How long after chapter 13 discharge can I buy car and house
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

There is no wait, during or after the case. However, most lenders will not give you a loan until after your case is discharged. Even then, most want to see that you are now responsible. Usually, to build up a good track record takes about two (2) years, but expect to have a high interest rate.

1 Answer | Asked in Bankruptcy for Illinois on
Q: What is the response to a suggestion of bankruptcy filed in civil court by a respondent?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

There is not one. A Suggestion of Bankruptcy Stays all lower court actions. You should file a Proof of Claim in the bankruptcy case. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: WHERE CAN YOU FIND IF IF SOMEONE FILED FOR BANFRUPTCY
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in you can pull up the specific case and review

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How do I find out info on a company claiming to have filed for bankruptcy in Illinois?
Andrew John Hawes
Andrew John Hawes
answered on Aug 25, 2011

Ask for their case number. Then go to http://www.pacer.gov/. You will need to make an account, but from this website you can look up and access all bankruptcy cases.

1 Answer | Asked in Bankruptcy for Illinois on
Q: How can i remove items from credit report
Burton A. Padove
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answered on Jul 22, 2011

You can send a letter to the creditor asking them to remove the items if the information is not accurate. If they fail to do so, you may have a cause of action. You can also send a letter to the credit reporting agencies.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for a Chapter 13 in 2008.

I filed for a Chapter 13 in 2008. After a year I lost my job so I was advised to stop making payments to the trustee by my lawyer with the intent of filing a Chapter 7. As of today, my lawyer has still not filed my Chapter 7. I have creditors calling and sending me notices. I have had my truck... View More

Burton A. Padove
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answered on Jul 22, 2011

The answer depends to an extent on what the fee agreement says and also in part what the fee approval order called for as well as a determination whether the lawyer completed his or her job for a chapter 13. He or she may be requiring an additional fee if the conversion ws not included in the... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I am looking for cases where the claim was disallowed and where a claim was allowed. i am doing a paper sec. 501 & 502.

I am working on a paper on validity of claims under US Bankruptcy law. I need to find cases on this subject, specially in respect to section 501 and 502 of Title 11. Can you point me to the right direction please?

Burton A. Padove
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answered on Jul 22, 2011

You should be able to locate this information on Google Scholar or the Banruptcy Reporter.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Does the co- borrower have to sign the forms when applying for Home Affordable Modification Program.

The co-borrower filed for Chapter 7 bankruptcy in 2003 and has moved out he pays nothing toward the mortgage. Hi lawyer advised him against signing but the mortgage company wants him to sign what do I do?

Burton A. Padove
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answered on Jul 22, 2011

Yes, unless waived by the lender. If the co-borrower is being releases of his or her liability in the underlying note and mortgage ( not likely), I do not think a signature would be needed.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Filling for modificatio for 2nd time should i look for legall assistance or should i continue with bank
Burton A. Padove
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answered on Jul 22, 2011

Chances are that a lender is a partial cause of your need for a modification, so I would hire counsel to assist you. there are counsel who focus their practice on modifications, so I suggest that you hire one of them.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Do i need a lawyer to file for bankruptsy
Burton A. Padove
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answered on Jul 13, 2011

Many people file bankruptcies without a lawyer. Less in recent years since bankruptcy reform in October of 2005. The answer really depends on your ability to understand and follow law and instructions, how complicated your financial situation is and what you hope to accomplish.

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