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Illinois Bankruptcy Legal Questions

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193 legal questions have been posted about bankruptcy by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Illinois Bankruptcy Questions & Legal Answers - Page 4
Do you have any Illinois Bankruptcy questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 193 previously answered Illinois Bankruptcy questions.
Bankruptcy
Illinois

Recent Legal Answers

Should I file for bankruptcy if I make $26,000 a year and have a little more than $20,000 in credit card debt?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Is it true that if you don't make 371.25 or more, your wages cannot be garnished?

Answered 10 years and 7 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
There is a carveout representing the minimum wage.
There is a carveout representing the minimum wage.

Could a company charge me for a purchase made over a year ago?

Answered 10 years and 7 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
That would be a yes.
That would be a yes.

Can a collection agency change the settlement amount? How?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
That would be a no.
That would be a no.

What could I do if my wages are being garnished?

Answered 10 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
I do not know who THEY are, but why not contact your own payroll department for copies of the court paperwork and follow the trail of breadcrumbs? Your creditors have no obligation to give you information once they have a court judgment against you.
I do not know who THEY are, but why not contact your own payroll department for copies of the court paperwork and follow the trail of breadcrumbs? ... Read More

What should I do if being sued by a credit card company? How?

Answered 10 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Meet with an experienced bankruptcy lawyer. Most will only charge a nominal sum for an office meeting (any lawyer worth their salt). You may not have to file bankruptcy (I, of course, don't know without meeting with you).
Meet with an experienced bankruptcy lawyer. Most will only charge a nominal sum for an office meeting (any lawyer worth their salt). You may not have... Read More

What is the SOL on credit card debt?

Answered 10 years and 7 months ago by Mr. Scott M Behren (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If written contract in Florida is 5 years.
If written contract in Florida is 5 years.

How can I fight debt collection and where do I begin?

Answered 10 years and 7 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
You need to have the papers examined by an attorney. We have seen some private student loans that we think are governed by a five year statute and some that are governed by a ten year statute. There are also issues as to whether the plaintiff can show it owns the debt.
You need to have the papers examined by an attorney. We have seen some private student loans that we think are governed by a five year statute and... Read More

How many times can you file for bankruptcy?

Answered 10 years and 7 months ago by Derek W. Freeman (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
There is no limit to the number of times you can file bankruptcy. However, if you file again shortly after getting a discharge in a bankruptcy, you will not be entitled to receive another discharge. The waiting period for a chapter 7 is 8 years, so in your case you cannot file a chapter 7 and expect to receive a discharge, if your previous case was also a chapter 7 and you received a discharge in that case. The waiting period is different for a chapter 13.... Read More
There is no limit to the number of times you can file bankruptcy. However, if you file again shortly after getting a discharge in a bankruptcy, you... Read More

Could I combine the wildcard exemption with another exemption in bankruptcy?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Yes, you can combine exemptions. But it's probably unnecessary. The trustee isn't going to try to sell a vehicle unless the equity is very large.
Yes, you can combine exemptions. But it's probably unnecessary. The trustee isn't going to try to sell a vehicle unless the equity is very large.

How do I know which chapter of personal bankruptcy is for me and why?

Answered 10 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Depends on your circumstances. Chapter 7 has an income limit, if your household income is more than the limit; you can't file a Chapter 7 and must file a Chapter 13 or a Chapter 11. Regardless of the income limit, if you're trying to save your house from foreclosure, Chapter 13 is usually the best choice. Regardless of the income limit, if you have assets worth more than your debt, Chapter 13 is usually the best choice. There is a debt limit to Chapter 13, if you're debt is over $1,300,000, you can't file a Chapter 13 and must file a Chapter 7 or a Chapter 13. Chapter 13 is only available to people who have a regular income.... Read More
Depends on your circumstances. Chapter 7 has an income limit, if your household income is more than the limit; you can't file a Chapter 7 and must... Read More

Should we file bankruptcy jointly or separately? How?

Answered 10 years and 8 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you are married, you can file jointly. If you are not married, you will have to file separately.
If you are married, you can file jointly. If you are not married, you will have to file separately.

If my parents cosign on a home loan, and they declare bankruptcy, will my credit be affected? How?

Answered 10 years and 8 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It will have no affect on your credit as long as you stay current with the mortgage payments.
It will have no affect on your credit as long as you stay current with the mortgage payments.

What do I do to get my money back after my car was sold?

Answered 10 years and 8 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
I would suggest going to small claims court.
I would suggest going to small claims court.

What could I do if I'm being sued for my debt?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
You should show up even if you cannot pay. If you don't a default judgment is entered, which can be enforced for 20-27 years. You do not indicate who is suing you or what the claim is. If you are being sued by a debt buyer by all means show up and demand a trial date. They are unlikely to be able to prove anything. You should get a fee waiver for the appearance fee from the court. See if you qualify for free legal assistance.... Read More
You should show up even if you cannot pay. If you don't a default judgment is entered, which can be enforced for 20-27 years. You do not indicate... Read More

Am I financially liable if the bank made a mistake on my account and I withdrew more money? How?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
If you received the money you are liable to put it back.
If you received the money you are liable to put it back.

What should I do if I am asked to pay for a wrong amount of debt? How?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
Write back stating that you dispute the debt and ask for an account history.
Write back stating that you dispute the debt and ask for an account history.

How could I prevent creditors from going through with a lawsuit?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
These questions cannot be answered in the abstract, without knowing who the creditors or debt buyers are and your overall financial circumstances. I would suggest reviewing your situation with an attorney, who needs to see the documents relating to the lawsuit and determine if they are defensible. Do comply with all deadlines/ court dates on the papers you have been served with.... Read More
These questions cannot be answered in the abstract, without knowing who the creditors or debt buyers are and your overall financial circumstances. I... Read More

What are my legal options if my previous school won't release my transcript? How?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
If you owe them money, they may have a right to not release the transcript. If there is a dispute over what you owe, and you cannot resolve it, you probably have a lawsuit on your hands.
If you owe them money, they may have a right to not release the transcript. If there is a dispute over what you owe, and you cannot resolve it, you... Read More

How could I check for interest rate limitations and legalities?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on the type of loan and type of lender. Have an attorney review the loan documents.
It depends on the type of loan and type of lender. Have an attorney review the loan documents.

What could we do if we are forced to sign an agreement before full payment?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
1. If you sign the new agreement you are most likely stuck with it. 2. You have rights under the mechanics lien act. Have an attorney review the facts so the lien is properly perfected.
1. If you sign the new agreement you are most likely stuck with it. 2. You have rights under the mechanics lien act. Have an attorney... Read More

Can I have my wages garnished if I owe money to a credit card company? How?

Answered 10 years and 9 months ago by Richard N. Gonzales (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
Yes, they can garnish 25% of your net take home pay each pay period.
Yes, they can garnish 25% of your net take home pay each pay period.

Can they continue to harass me at work and call my place of business? How?

Answered 10 years and 9 months ago by Stacy Joel Safion (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Try negotiating for a lesser amount.
Try negotiating for a lesser amount.

What are our options to prevent them from taking out our properties? How?

Answered 10 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Your option is to take all of the information and documentation to an attorney for knowledgeable opinion as to your position and options.
Your option is to take all of the information and documentation to an attorney for knowledgeable opinion as to your position and options.

Can my attorney file a motion to withdraw due to non-payment when they failed to bill?

Answered 10 years and 9 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
The attorney can file a motion to withdraw. You can oppose it, or ask the court to determine what you owe. An attorney does have an obligation to inform the client of what is happening in a case and account for charges to the client. Do you really want to be represented by an attorney who wants to get out of the case? You may be better off finding other counsel and asking the court to determine what their fee should be.... Read More
The attorney can file a motion to withdraw. You can oppose it, or ask the court to determine what you owe. An attorney does have an obligation to... Read More
Bankruptcy
Illinois

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