Illinois Bankruptcy Legal Questions

As you did not provide your home County, we an only state that we are aware of 3 ways to stop a garishment, namely: 1.   Via payment in full (or an agreed negotiated lesser amount). 2.  Appearance in the suit asserting the funds are protected by statute from garnishment.  There are limits to the amounts that can be taken and their source, which may be exempted.  This is a matter to discuss with a knowledgeable attorney. 3.  A Bankruptcy.  Either a Chapter 7 (traditional Bankruptcy) or a Chapter 13 (Wage earner's repayment plan) can be used.  It is also possible for a Subchapter V B or a Chapter 11 filing.  The differences can be explained by an attorney.  Depending on your County, the specific District for any filing will be set.  For example, although our office is in Will County, our coverage federally is LaSalle, Grundy, Kendall, and Will Counties.... Read More

You need to decide whether you want to allege ID theft. Normally they will want you to agree to prosecute the culprit. But that will get the case dismissed. If you are being sued by the original creditor and do not claim ID theft, they may be able to prove a case. If it is a debt buyer, they may not. You should consult an attorney who handles such cases.... Read More

A lawyer needs to evaluate the exact nature of the fines. One issue is whether they are in the form of a judgment. Another is whether they are criminal or civil. For many civil fines owed to government entities and representing fines for violation of the law, there is no statute of limitations.... Read More

If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction order. Ordinary mail is sufficient. Your failure to receive it does not violate anything. If the order is improper for some reason, you need to file a motion to vacate it. There are administrative wage deduction orders for student loans. You are supposed to be sent a notice of a right to a hearing prior to any deduction. If you did not receive one, you may request a hearing in writing. If this is a wage assignment, which is not ordered by a court, you can cancel the assignment and the deduction by written notice to the creditor and your employer. This does not extinguish the debt; for example, they can sue you.... Read More

The only debt-related arrest warrants in Illinois are for contempt for disobeying a court order that is personally served on you. You should also be served with an order to show cause why an arrest warrant should not be issued. Threats of arrest for nonpayment of debts are common and are scams.... Read More

There are multiple ways this could be resolved.  Assuming all is correct and that all needed copies exist, the following self-help solution is suggested: 1. get a copy of your discharge with the page of notified parties, which should include this creditor. 2. get a copy of the credit report showing this debt remains shown, despite the BK7, 3. object through the complaint mechanism established by the credit reporting services (a review of their websites will provide the information needed. 4. make a complaint letter that details your position AND attach/enclose the copies proving your position and send. A review should then take place with all of the attachments forwarded to the al creditor by the Service, who should have no choice but to acknowledge the inclusion of the debt in the BK7, thereby subjecting it to a discharge.  The matter should then be removed from the Report. If not, then an attorney needs to be contacted to review this matter to see why there is no removal (as a lien is not affected by a BK) or if there was an automatic stay violation to institute a suit seeking damages.  Depending on your exact situation, there may be other means available as well.... Read More

A good place to start is through your County's Bar Associaton.  There should be a referral service and that may include pro bono or reduced fee attorneys. A Federal BK District may be larger than just your county.   For example, although Cook County is its own federal district, another district includes LaSalle, Kendall, Grundy, and Will Counties. As such, you may wish to determine the County or Counties making up your district to widen your search area. As an aside, you appear Judgment proof, whereby there may be no need now to file a Bankruptcy.  That may allow time to get a job, a plan of action, and then file a Bankruptcy.  However, this is a decision best made by a knowledgeable attorney with a full complete grasp of your individual facts and factors.  In the very least, a referral with a consultation should be made.... Read More

The answer appears to be no. If the title is solely in your name, that should control.  How there was a loan given to your wife with your mtorcycle as collateral is another question.  There may be a need for her to discuss this with her BK7 attorney.  A simple resolution may be giving a copy of the title to the attorney showing she is not a holder; if need be, the attorney can then produce it to shown this to the Trustee. As to the loan, it may be discharged; your wife may face a non-dischargeability claim.  There may be no further need for payment, but, again, this depends on what the loan note/agreement actually says.  An attorney review might be in order.  It does seem that, regardless of the loan, the motorcycle should not be included as an asset - exempt or otherwise - in her BK7.... Read More

Yes, unless the finance company agrees otherwise. Death is defined as an act of default under most contracts, as is possession of the vehicle on a consistent basis by someone other than the original oblige. On the other hand, you have no liability under the contract, other than to surrender the car, so most finance companies will agree to let you take over the contract.... Read More

The answer to the question is no - you do not have to choose.  In my experience, some blanks can be left in the Petition. However, there are a couple of questions raised.  First, you should know whether or not a debt is disputed; one would also think you would know about contingent or unliquidated claims.  That you do not appears to be a red flag as to your ability to complete the BK Petition and Schedules.  This document is signed under penalty of perjury and jail is a risk.  This goes to the larger question: is a bankruptcy lawyer needed? The suggestion is that a consultation be conducted.  An attorney should be contacted with your local bar association as a good starting point.  Any questions regarding debts, assets, and/or income can then be addressed.  A review with a knowledgable attorney is highly recomended as this petition and the resulting process is rather complex.  It may be that this is a simple matter for which an attorney is not required, but the consultation should occur.  Although you are wished good luck, the Abraham Lincoln rejoinder does, however, come to mind - "an individual who represents himself has a fool for a client."  ... Read More