Illinois Recent Legal Answers from Lawyers

The car is the tricky part of the question. As you inquired about a filing, the assuption is that no refiling timeline needs to be addressed. If you have been sick and unable to pay bills, the presumption of abusive filing should not be made, thereby allowing the filing.  However, this determination is based on your last 6 months of FAMILIY income (are you married?is a third person servicing some debt of yours?how many people are in your household?), which needs to be reviewed.  Assuming no abuse, a BK7 can be filed.  The question then turns to exemptions and your car.  In Illinois, there are 2 main exemptions to apply to the equity of your car that does exempt most cars.  As to your situation, it depends.  If the car is not liened, the net equity is the fair market value, but, if there is a lien, that number is subtracted from fair market value to get the net equity.  There is the vehicle exemption of $2,400.00; and we can add any remaining exemption from the $4,000 "wild card" exemption.  This amount varies in the general rule of thumb recomm is about $1,500 is left.  However, this exemption can also apply to your tax refund, sports memerobilia. collectables, and furniture/electronics.  As a result, it may (or may not) result in your car being completely protected. It appears you really need a BK7 from your question, regardless of the car issue.  It is, therefore, highly recommended that a qualified Bankruptcy attorney be consulted.  There are a number af assumptions that need to be addressed.  These issues can be discussed with your car matter; and fees can be discussed as well.  Your local bar association is a good starting place for such an inquiry.... Read More

It depends on what is being filed and what was filed before.  Basically, there is 8 years between Chapter 7 filings.  If the prior filing was Chapter 13, the wait is 4 years.  The better advise is to consult a Bankruptcy attorney to verify as to your situation.  For example, there may be other orders entered by the Bankruptcy Court that forms a bar to any filing.  Also, where a move between states occurred, there are different time contraints for both venue and exemptions.... Read More

Statute requires that a Will must be filed with the Clerk of the Circuit Court in the county where the decedent lived at the time of death. It the decedent owed real estate at the time of death the real estate should be sold through a probate proceeding. You should see an attorney that can examine the record and review your options to assert your rights.... Read More

Unfortunately it does not appear that you are eligible for naturalization through your mother. The cutoff age is 18, and you would only have been benefited if your mother was naturalized before your 18th birthday. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More

It is likely that either there is no time limit or that the time limitations for judgments apply. In Illinois a judgment can be enforced for 20-27 years. Although it must be revived after 7 years, courts have ruled that does not prevent a debt collector from asking you to pay, although this is still being litigated. To determine if the persons calling are authorized, check with the clerk of the court that ordered the payment.... Read More

While it is probably unwise for him to do so, if there is no court order requiring him to keep you on his insurance, there is a legal requirement that he name you on his insurance. And once you get divorced, if you do, he will no longer be able to cover you. While you are married any medical expenses you incur would probably be considered to be family expenses, and he will be liable for those expenses as you are too.... Read More

Any person with a potential interest in the property interest can bring a Quiet Title action in a court of general jurisdiction. The court should be located in the county where the property is located. You may be able to bring the case in the county where your mother is located but it might be subject to a change in venue. You should see an attorney to review the documents you referenced in your description.... Read More

If there was a will Illinois statute requires that it be filed with the clerk of the circuit court in the county of residence. If you know your father had an attorney you could ask the attorney if he knew whether your father had a will prepared. Property held in joint tenancy will transfer to the surviving joint tenant. Personal property would be in that category, except, possibly an automobile. You could check the public record to see how his residence or other real estate was owned. If you owned an asset in his own name, and there is no will, then the asset would be distributed by the statute on descent and distribution. In that event the asset would be distributed to the surviving spouse and divided amongst his children. You should see an attorney to discuss your options.... Read More

If you are paying an arrearage, her she is not relevant. If there was no arrearage, then you should have done something. You need to file a motion to terminate support...unless she is and was disabled, and if an appropriate order was entered to continue the support in which case it never ends.... Read More