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Illinois Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Illinois on
Q: Currently renting to own my home will I be able to keep it if I file for bankruptcy
Timothy Denison
Timothy Denison
answered on Jun 19, 2018

Depends on many factors such as income, Chapter, equity in home, etc. contact an experienced bankruptcy attorney who can analyze your specific information and determine the answer to your question.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed for bankruptcy March 22 and refinanced a personal loan on March 25 will that loan be included in the bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 15, 2018

Yes. Not the best decision or timing but as long as you pay the refi, you should be ok.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Is a personal injury lawsuit for $35,000 dischargable in bankruptcy?
Timothy Denison
Timothy Denison
answered on Jun 13, 2018

Possibly. It depends on what the basis for the personal injury is against you.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Will my 401K be safe if I file for bankruptcy?
Robert J. Walinski
Robert J. Walinski
answered on Jun 12, 2018

Yes. ILCS 5/12-1006 contains the exemption for retirement plans and a 401k falls within the definition of a retirement plan contained in the statute.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Hello. IL, Chp 7. filing pro se, no asset. Min filed. Secured title loan 4yrs ago, car abandoned, still secure? Have VIN

Secured assets are only real concern I have. The car broke down, mechanic denies having access to it after abandoned. Can I get debt discharged and somehow get the car and title back, even if theres a new "owner"? Also, I have expired lease for mattress..is this something I redeem for... View More

Timothy Denison
Timothy Denison
answered on Jun 11, 2018

No. The secured lien survives the bankruptcy. They cannot come after you for the balance but the lien is still in place. You can probably redeem the mattress for a few dollars.

1 Answer | Asked in Bankruptcy for Illinois on
Q: I filed chapter 13 in jan 2013 then in oct 2014 I got a car outside my bankruptcy. Our chapter 13 was discharged on feb

2018. Thencomapny that financed my car said it this their policy even if my car was not included to remove it from my credit report. If I voluntarily return my car can they take judgement against me?

Timothy Denison
Timothy Denison
answered on May 24, 2018

Yes. They can. Talk to a local bankruptcy attorney about your options. You probably should not return the car.

2 Answers | Asked in Bankruptcy for Illinois on
Q: If I file for bankruptcy, when will I next be eligible to successfully apply for a home loan?
Timothy Denison
Timothy Denison
answered on May 11, 2018

That depends on many factors, including your income, other assets, spouses income if applicable, credit, etc. There is never a guarantee when a loan will or will not be successful.

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3 Answers | Asked in Bankruptcy for Illinois on
Q: I filed bankruptcy six years ago but I'm still struggling. How long do I have to wait before I can file again?
Timothy Denison
Timothy Denison
answered on May 11, 2018

If it was a Chapter 7 you filed six years ago, then you can file a new one after the six year anniversary date.

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2 Answers | Asked in Bankruptcy for Illinois on
Q: Can a consumer ever file for a Chapter 11 bankruptcy outside of a business context?
Timothy Denison
Timothy Denison
answered on Apr 23, 2018

No. Chapter 11 deals with business reorganization’s only. Consumers may File chapter 13, which deals with consumer or individual reirganizations.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: How long does it take for creditors to take your car during a chapter 7?
Kevin Scott Neiman
Kevin Scott Neiman
answered on Apr 18, 2018

You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Who chooses the trustee in a bankruptcy proceeding?
Ray Choudhry
Ray Choudhry
answered on Apr 14, 2018

There are standing trustees assigned to counties.

In large counties, there may be more than one trustee and one will be assigned from the list.

1 Answer | Asked in Bankruptcy for Illinois on
Q: How would I list my house under the assets portion of my bankruptcy if the co-owner is not filing also?

My ex-husband and I own a house jointly. I am filing bankruptcy and he is not. How would I list the property under the assets portion of my bankruptcy. He intends to keep the house and continue to pay for it, but is unwilling to refinance it in his name alone.

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 28, 2018

There's a section to put in the value, and another for the value you own. If you are on the mortgage, you put this as a debt on Schedule D, and your ex-husband would be listed as a co-debtor on Schedule H. If you are current on your mortgage, the bank, 95% of the time, will leave the... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: If I just started a debt management agreement, can I get out of it and just file bankruptcy?
Ray Choudhry
Ray Choudhry
answered on Feb 20, 2018

If you qualify, you can certainly file bankruptcy and reject the debt management agreement.

1 Answer | Asked in Bankruptcy and Consumer Law for Illinois on
Q: How can I resolve an old debt situation without damaging my credit?

Without giving detail of a bad situation from my teen years, I filed bankruptcy in my early twenties, finished college, went to grad school, and moved forward. Now I'm a stable forty-something with a family and when I logged in to my new mortgage servicer to download my tax documents, two old... View More

Ray Choudhry
Ray Choudhry
answered on Jan 18, 2018

They showed up in the tax documents.

What does that mean.

These debts are too old to be owed and will not show up on your credit report.

You could mess up by paying on them.

2 Answers | Asked in Bankruptcy for Illinois on
Q: I am an IL resident being taken to court by a creditor. I own my home outright, with no mortgage. Can I file bankruptcy?

Can I file bankruptcy and keep my home?

Ray Choudhry
Ray Choudhry
answered on Jan 13, 2018

Whether you file or not the same rules apply as to protecting the house.

In Illinois you can protect up to $15,000.00 equity in a house you live in by claiming homestead.

This applies to creditors as well as the bankruptcy trustee.

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1 Answer | Asked in Bankruptcy for Illinois on
Q: Does tax debt count toward bankruptcy?
Cristina M. Lipan
Cristina M. Lipan
answered on Jan 3, 2018

Generally speaking, tax debts older than 2 years are dischargeable in bankruptcy, except if no tax return was filed. If there was fraud involved, the tax debt would also not be dischargeable.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Illinois on
Q: If you declare bankruptcy will the court foreclose on your home?
Ray Choudhry
Ray Choudhry
answered on Dec 22, 2017

Bankruptcy alone does not do anything.

If you are behind on the mortgage, the creditor could foreclose on the mortgage.

However, before they can do that, they have to have the bankruptcy court lift the stay before they can proceed on the foreclosure.

1 Answer | Asked in Bankruptcy for Illinois on
Q: Does filing for bankruptcy show up on a background check?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 6, 2017

Yes it does and if military background could possibly effect security clearance

1 Answer | Asked in Consumer Law and Bankruptcy for Illinois on
Q: Save my credit as co-assignment for car lawn that has to be surrendered voluntary. What can I do?

I co-assigned a car lawn with my husband for a car dealer then now he wants to surrender the car to the dealer. He thinks of making bankruptcy for himself only but I don’t want to do the same. Is there any way to protect my credit? I know there will be some hurt to the family but I am trying to... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 5, 2017

If you co-signed on the loan, then you are responsible for any debt owed, regardless of whether your husband gets a discharge in bankruptcy. If he surrenders the vehicle, then the value of the car should be deducted from the balance of the loan. You would be responsible for any amount over the... View More

1 Answer | Asked in Bankruptcy for Illinois on
Q: I’m filling chapter 13 and the trustees asked for a tax language.... what do that mean
Robert J. Walinski
Robert J. Walinski
answered on Dec 5, 2017

The trustee wants your plan to include a provision that your Federal income tax refund or some portion of it be paid into the plan. Chapter 13 requires all of your disposable income be paid into the plan. The refund is part of your income. This provision trips up a lot of debtors because the... View More

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