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 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

1 Answer | Asked in Collections, Bankruptcy and Foreclosure for Illinois on
Q: Can a judgement creditor get a lien and foreclose on joint tenantcy property in Illinois?

Can creditors with a judgement against me sell a house I own joint tenant with right of survivorship with my sister if she doesnt owe the debt? I live in Illinois?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

In Illinois, a judgment creditor generally cannot place a lien on property owned as joint tenants with rights of survivorship if only one tenant owes the debt. Since your sister does not owe the debt, her interest in the property is typically protected from the creditor's claims. This means... View More

1 Answer | Asked in Bankruptcy, Family Law, Child Support and Domestic Violence for Illinois on
Q: i have family law questions, they would be concerning child support, back pay and custody arrangement's.

i have a detailed case and it is best explained over a phone call

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

I understand you're dealing with complex family law issues related to child support, back pay, and custody arrangements. It's essential to address these matters carefully to ensure the best outcome for you and your family. You can start by gathering all relevant documents, including court... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: If credit card debt is in my name and mortgage is in my name and my husband's name is our house protected?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

If your credit card debt is solely in your name and the mortgage is in both your and your husband's names, the house may still be at risk depending on several factors. In Illinois, if you file for bankruptcy, your share of the house's equity could be used to pay off your debts. However,... View More

2 Answers | Asked in Bankruptcy for Illinois on
Q: I much will a chapter 7th cost?
Timothy Denison
Timothy Denison
answered on Jan 31, 2024

Varies greatly. $500 to $2500.

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Should I inform my elderly mother's cc company by letter she cannot pay her minimums anymore, or just let it go?

My elderly mother's SNF rent/expenses are paid by her SS and pension, plus family contributions. I am her POA and do her bills. She can no longer afford her cc debt minimum payments (neither can we), and will die with no assets. She is in hospice and late 90s so not likely to live another... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

Just let it go.

2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Hi

1:23-cr-00369

I like to know the nature of case?and details of the action can be taken ?

Timothy Denison
Timothy Denison
answered on Aug 22, 2023

This is a criminal case. Would need to know the jurisdiction to find out specific details of the case.

View More Answers

2 Answers | Asked in Civil Litigation, Collections, Consumer Law and Bankruptcy for Illinois on
Q: Can creditor with default money judgment, find out where I bank, before they file an affvadvit to discover my assets?

I have a creditor ( American express)represented by Law firm, in Illinois cook county whom has a default judgment against me for 8,000. I'm looking for work now. However I heard they do bank levies some times. I use U.S bank, and a creditKarma a no credit required, checking/debit account... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes, there are resources where Creditors can discover bank accounts. And, if they discover your bank accounts, and if you testify to them at an examination, they are likely to levy on the accounts unless you have an agreement with them.

View More Answers

2 Answers | Asked in Civil Litigation, Collections, Bankruptcy and Consumer Law for Illinois on
Q: Can my uber (1099 )wages be garnished by a creditor? I have default judgment for 9,000 in chicago IL, court.
Joel Gary Selik
Joel Gary Selik
answered on Jul 23, 2023

garnish, no. Levy yes. The difference is they can only get what you were due at the time of the Levy, not what you may be due in the future.

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: DEFAULT Judgment against me for 9000 from creditor. ILLINOIS. Can my uber wages be garnished if I can't pay? Bank levy?

I believe they could put a levy on my bank account. My wages from uber go into this account. Can I open a new bank account, and use that for my wages? Do creditors have to make seperate court filings for individual banks? Or does one bank levy order apply for all banks ?

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Open a new account. Separate filing foe each account.

1 Answer | Asked in Bankruptcy, Employment Law, Products Liability and Real Estate Law for Illinois on
Q: i owe to CarleBromenn hospital 28000, i had not insurance on those days, is there something that i can do? thanks

i owe to CarleBromenn hospital 28000, i had not insurance on those days (i get into emergency room due to a kidney stone), my insurance were activated like a week after that and i have no way to pay 28000, thanks

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You might look into filing a bankruptcy, depending on your financial situation.

1 Answer | Asked in Bankruptcy and Collections for Illinois on
Q: In Cook County Illinois, is there a time limit to quash a summons that was not properly or served at all?

A credit collection got a judgment against me nearly two decades ago. I was not aware of the proceedings, therefore never responded and it was a default judgment in 10/2005.

Subsequently the judgment was renewed in my new state of residence, again unbeknownst to me, and now are attempting... View More

Timothy Denison
Timothy Denison
answered on May 30, 2023

You should be able to still challenge it in the court in which it was made.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Can an attorney be a participant in another company's webinar and receive referrals through this association?

No money would exchange hands and the referrals would be the result of a process where the attorney would be the next logical step in the process.

Timothy Denison
Timothy Denison
answered on Feb 18, 2023

Yes. They can.

3 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file for chapter 7 bankruptcy after a resignation?

I am being forced into resignation from my job after 20 years or I can be fired, which means I would not be hired in my profession again. I was planning on filing for chapter 13, but now is it possible to file for chapter 7?

Can I file chapter 7 after a resignation?

Illinois

Timothy Denison
Timothy Denison
answered on Dec 26, 2022

Absolutely. You can file a 7 after resignation.

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: Debt Insolvency WorkSheet Question

My wife and I received a CP2000 for a cancelled debt of a car loan (the car WAS NOT repossessed and she got that loan before we got married).

The facts:

The debt was my wife's debt from before we got married.

The car is still owned by the bank who gave my wife the... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Total her assets alone on that form.

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: how do i get a court ordered hold on my bank account removed, so i can pay debt out of my ira account with the same bank
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

Make a motion to release or terminate the hold in the court that originally ordered the hold.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Bankruptcy question regarding spouse

Will my wife find out or be alerted if I file for bankruptcy? The only thing we have together is a joint bank account with a few hundred dollars in there. The house, and one of the cars is in her name solely, and has been since the beginning. Also, I have a few years left on my car loan, if I were... View More

Timothy Denison
Timothy Denison
answered on Sep 26, 2022

Yes. She is a co debtor and must be notified.

2 Answers | Asked in Bankruptcy for Illinois on
Q: My wife and I filed Chapter 7 Bankruptcy in August 2019. Can just one spouse file again?

I'm so depressed. My wife and I filed Chapter 7 Bankruptcy in August 2019 because I had to retire at 62 because of a bad back and social security wasn't going to pay my debts. Now I'm 65 and my wife is 73. I personally have credit cards and 2 personal loans. All unsecured. And... View More

Joseph Wrobel
Joseph Wrobel
answered on Sep 14, 2022

Chapter 7 is not available to you until August of 2027 since Chapter 7 can only be filed every eight years.

Chapter 13, a consolidation of your debts, may be possible depending upon your budget.

The best thing you can do is contact an experience Bankruptcy attorney in the county in...
View More

View More Answers

1 Answer | Asked in Bankruptcy and Small Claims for Illinois on
Q: I was told a debt lawyer was pursuing a lawsuit. How much time do I have until I'm served a summons. I live in Illinois

I plan on paying the debt. I just need to know how much time I have until the summons.

Timothy Denison
Timothy Denison
answered on Aug 1, 2022

Impossibly to say. Probably anywhere from a day to a month or two. Just depends how quickly he gets it moving.

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.