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Illinois Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Illinois on
Q: Does filing wipe out money I owe on taxes?
Stuart Nachbar
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Stuart Nachbar
answered on Nov 9, 2018

In most cases, the answer is no, it does not. There are certain limited instances that it does, and I suggest you consult with a live bankruptcy counsel in your area

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Should I sell my house to my kids before I declare bankruptcy - I was going to pass it on to them when I died.
Ray Choudhry
Ray Choudhry
answered on Oct 26, 2018

Your question is very complicated.

Illinois allows certain exemptions, such as for homestead.

If you sell for under market or give away assets prior to filing, the trustee can get those items back and sell them and pay your creditors with the money.

Check with a bankruptcy...
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2 Answers | Asked in Bankruptcy, Divorce and Family Law for Illinois on
Q: How to get some help with Attorney Fees / Court Cost as an out of state respondent from OH. Divorce Petitioned in IL.

I am seeking some financial help and/or, Pro-Bono, or very low cost legal representation in a Divorce case filed against me in Lake county IL.

My husband left " for a new Job" one year ago, leaving our 11y,o daughter ( w/Autism) & me behind. It was our intention to join him... View More

Timothy Denison
Timothy Denison
answered on Oct 13, 2018

Check with legal aid and the local bar association where the case is filed. They can help you find a lawyer.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Along with my other debts, I owe back taxes to the IRS. Can Chapter 13 bankruptcy help?
Timothy Denison
Timothy Denison
answered on Oct 12, 2018

7 or. 13 could help but you need to have a local attorney review your financial situation.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How can I find the lowest cost bankruptcy lawyer? I don't have money to pay a lawyer.

over $16,000 in debt, plus over $10,000 on car load, and a mortgage to pay.

Timothy Denison
Timothy Denison
answered on Sep 28, 2018

Check with your local bar association or legal aid society.

1 Answer | Asked in Bankruptcy for Illinois on
Q: 10 year old private student loan debt, do I reply to this mail?

https://ibb.co/nqMAj9 this is basically a notice about a 10 year old debt asking for validity or being sued. The debt is apparently over $16,000+ and I don't remember anything about it.

I need these calls to stop and leave me alone. I do have a federal loan situation, so I know those... View More

Timothy Denison
Timothy Denison
answered on Sep 27, 2018

No. Either the debt is valid or it is not. Demand verification of thr debt under USC 1692. They must cease calling and contacting you until they comply.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Filed ch7 no asset in April with exemptions. Court record Status is discharged aug/ awaiting closing.

Now atty says trustee want to settle for 15k. this sounds like extortion to me. What is going on?

Timothy Denison
Timothy Denison
answered on Sep 19, 2018

Need more info and explanation as to what the 15 k claim is for.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Recd life ins paymnt after husb death. Trustee says money not exempt, as was commingled in my bank account. I this valid
Timothy Denison
Timothy Denison
answered on Sep 19, 2018

If you can show where the money went I to your account and how it was used, you may be able to defend trustees claim.

2 Answers | Asked in Bankruptcy for Illinois on
Q: If I file bankruptcy and have secured loan will they take that vehicle used?
Timothy Denison
Timothy Denison
answered on Sep 17, 2018

Yes, unless you reaffirm the debt and agree to pay it.

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3 Answers | Asked in Bankruptcy for Illinois on
Q: How in debt do I need to be for it to be a good idea to file for bankruptcy?
Ray Choudhry
Ray Choudhry
answered on Sep 14, 2018

The test is inability to meet obligations in a timely manner.

For some people $5,000.00 is insurmountable debt based on current and projected earnings.

For others, $500,000.00 may not be much.

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3 Answers | Asked in Bankruptcy and Child Support for Illinois on
Q: Can my ex ask to increase the amount I pay in child support because after I went through bankruptcy I have less debt?

I have been paying in time my child support for my two sons. One of then recently turned 19 and I am stopping child support for him. My ex now wants me to increase the amount I pay for the second 16 year old child. I recently filed for bankruptcy and she says that since I have less debt I should be... View More

Cheryl Powell
Cheryl Powell
answered on Aug 15, 2018

Not so much for that. However, the child support guidelines have changed and you only have one child to support. Her income is to be taken into account now as well. Without her income info, I have no idea where u would fall...paying was or more. You need to see a lawyer if you wish to change it.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: What If I receive my inheritance before filing for bankruptcy, can I send a part of it to someone I'm owing some money.

And can I send money to someone I'm owing if I receive my inheritance after filing for bankruptcy..

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

If you transfer assets prior to filing bankruptcy, the trustee can get them back.

This includes repaying debts over and above normal.

2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I still use my inheritance for personal need after filing for bankruptcy in the USA
Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

This is a complicated question which turns on how, what and when you received or will receive your inheritance.

Need more information to answer your question.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Filed ch 7 in 2009, currently in ch 13 want to convert to 7 but read that if i convert it wont be dischargeable?

at the time I filed ch 13 I could not file ch 7 because it had not been 8 yearsso technically if I was not able to file ch 7 at the time I filed ch 13 converting would not be an option. Dismissing ch 13 and re-file?

Timothy Denison
Timothy Denison
answered on Aug 9, 2018

Not sure why it wouldn’t be dischargeable.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I file chapter 7 in April discharge in aug when I go on my credit report its saying I pay off the amount do I still pay

On credit karma it say I pay 100 of the loan but on the web site for the car it saying next payment aug 20 2018 just need help to understand

Timothy Denison
Timothy Denison
answered on Aug 9, 2018

If you reaffirmed the debt, you still pay it. If you did not reaffirm the debt, you do not pay it.

1 Answer | Asked in Bankruptcy for Illinois on
Q: We started to file bankruptcy. Found out we need the last 2 years of tax returns. Tax man told us we didn't need to file

because of low income. We did have to file last year due to selling rental property. how will that work? Money is now all gone trying to pay bills and doing much needed work on our own home.

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

File your 2016 tax return and then you can file bankruptcy.

1 Answer | Asked in Bankruptcy for Illinois on
Q: My husband and I are retired. All we have as income is S.S. We sold some property last year and the money from that is

all gone. Our tax guy told us several years ago we don't make enough to pay tax's so not to file, but we had to file last year do to the property sell.

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Ok. What is your question?

1 Answer | Asked in Bankruptcy and Business Law for Illinois on
Q: Client filed chapter 7 in the middle of a sale of their partnership - to the other partner. Does this affect the sale?

We have two clients, in Florida, that have a partnership. One partner decided they wanted out of that partnership so they instigated a sale of their half of the partnership to the other partner. The framework was in place for the sale and then they decided they needed to file Chapter 7 Bankruptcy... View More

Timothy Denison
Timothy Denison
answered on Jul 31, 2018

Yes. At a minimum, it stays the sale bc it is an asset of the estate. It may possibly still go thru, but only under the watchful eye of the court.

1 Answer | Asked in Divorce, Bankruptcy and Collections for Illinois on
Q: Am I responsible for my ex's medical bills that were incurred while married to me if he has remarried?

My husband has a lot of medical debt and when we divorced I was going to file bankruptcy to avoid being held liable for his medical debt, but did not. He has since gotten remarried. By Illinois law, since I was married to him when the debt occurred, can the collectors still come after me? Or has it... View More

James G. Ahlberg
James G. Ahlberg
answered on Jul 18, 2018

A collector of medical bills incurred during a marriage can typically go after the people who were married to each other when the bills were incurred, not a later spouse. You should be able to discharge them in bankruptcy. On the other hand, which of you is supposed to pay those debts should have... View More

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