Illinois Bankruptcy Legal Questions

Unless you personally guaranteed payment of her debts (usually its required in writing) such as by co-signing for a loan you are not liable Please simply tell them that you are not liable and to stop calling. If they continue to call you you can contact an attorney and get them for violations of consumer protection laws.... Read More

After being sued you should file should file an answer and discovery to make them prove that you owe them the money. It's possible to do it yourself but much better to get a lawyer. This will avoid a default judgment and put pressure on them to settle. They can't delete the lawsuit from your credit report, only report that it was settled.... Read More

That debt should have been discharged in the BK. If you are being threatened with a lawsuit by the 2nd mortgage lien holder, pay an experienced BK lawyer to review the matter with you. For example, I have a two hour minimum, at $250 an hour, or $500. I would review your BK file, discuss your options, and while you are still in my office, prepare a letter to the 2nd lien holder. You will have to decide if the cost is justified. Good luck what ever you decide.... Read More

Meet with an experienced BK lawyer. I charge a small fee for a one hour meeting to discuss all of your options with you. I have been complimented by hundreds (if not thousands) of consumers on how informative my consultations are. The lawyers who offer a free meeting can not take much time with you, maybe 15 minutes. With most law firms you don't even meet with a lawyer. I guess you get what you pay for.... Read More

Deciding what chapter to file is a complex question and you should really consult with an attorney concerning the different chapters. Most attorneys will give the first consultation free. Chapter 7 is usually for a liquidation. Your assets, with the exception of your homestead exemptions, are sold with the proceeds used to pay your creditors. Chapter 13 and 11 are reorganizations where you commit a certain amount of your future income to make monthly payments to your creditors over a future period of time. In chapter 13, the usual period of time is 60 months. But, you really need to speak to an attorney to discuss which option may be better for you.... Read More

Any money owed by the debtor on the date of filing is discharged in the BK filing, including any attorney fees owed on the date of filing. In our office, I can take a credit card from the debtor's mother, brother, sister in law, etc.. The debtor can then make payments on this credit card debt after the filing of their BK. This may be an avenue available for your daughter.... Read More

Your estranged spouse isn't entitled to your lottery winnings or any other assets or income. ?If you died, he would be entitled to a sizable chunk of your estate. You can file bankruptcy and it will discharge all your debts to him. ?Generally, I advise people to do the divorce first and then the bankruptcy but in your case (because the divorce won't affect any assets) it doesn't make any difference which comes first... Read More

No. If the car was sold and part of the loan was still outstanding after application of the proceeds of sale, you can be sued for the deficiency. This assumes that statutory notices were given and the sale was commercially reasonable. If the sale brings more than the debt, you are entitled to the surplus.... Read More

You may have a case against the identity thief, but better cases against (1) credit reporting agencies and (2) persons attempting to collect from you debts which are not yours. Fill out an FTC ID theft affidavit (www.ftc.gov) and submit it to the 3 bureaus and any creditor/ collector on a debt that is not yours. Put a fraud alert on all 3 bureaus. Consult a consumer attorney.... Read More

It is correct that the horses are assets subject to collection, but there is more to it than that. First, you are able to exempt certain assets from collection. So, provided that there are not other assets on which you need to use your exemptions, you can keep the horses as exempt property. Second, would they want them? If they were valuable race horses, had breeding value or otherwise could be used to put a dent into the balance sought to be collected, then yes. Here, however, if they are of limited value, why would they go through the trouble of taking something that they will have a hard time managing and turning into cash. Anything is possible in the collection industry, but it sounds like they are trying to frighten you by threatening something that you find dear. If you feel they go too far in their threats, inquire into a consumer claim (Fair Debt Collection Practices). If debt is big concern, you should explore whether bankruptcy makes sense in your circumstances. While it sounds like you may not need to go that direction, you should know the options. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for November 2014 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years? tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.... Read More

Credit card debt is a civil, not a criminal matter in the US. While the creditor could sue you in the US, unless the amount of debt is in excess of $25,000 US, it is doubtful that the creditor would go to the bother or trying to find you outside of the US or bringing legal action in your country under international treaty to collect from you. If your spouse cosigned or guaranteed payment of these accounts, it is likely that the creditors will look to him for payment. That's his problem!... Read More

The question you are asking is complex. There is a different time limit as to when a lawsuit can be filed for the debt that is represented by the check and when a criminal proceeding can be filed for a "bad check" for which you can be arrested, fined or jailed over. Unfortunately, it is not uncommon for a "bad check" warrant to be issued for a check that is not a criminal "bad check". For this reason, you need to contact an attorney to discuss your rights and liabilities if you have given a check to someone that did not clear the bank.... Read More