Illinois Bankruptcy Legal Questions

You would be very well advised to have everything looked at to avoid an error, but generally when you are named as a beneficiary you receive the funds by contract from the source, not through the estate. So, while your father's estate remains responsible for his bills before any distribution can be made to heirs or legatees, the funds you describe may not belong to the estate. For example, if you are named beneficiary of a life insurance policy, the funds are payable to you from the life insurance contract. Your use of the word "account" suggests, however, that it may not be as clear cut as this. Take the paperwork to any attorney so that you do not land yourself in a costly mess down the road.... Read More

The answer is that it depends.  There was not enough information given.  All that is clear is your need for an attorney to protect you and draft the Sale that you are envisioning. As a Buyer, that individual is interested in the assets, not the liabilities.  The Buyer may only "buy" through an asset sale, not a business purchase.  By doing so, the Debts may not be included in any such transaction and left either in the business or to the Guarantor to payment. The Creditors may have also insisted initially (or when default occurred) that you either Co-sign or otherwise guarantee payment.  If this occurred, you remain personally liable.  This will be despite any Sale (as you entered into a payment agreement with the Creditor)  Any Sale, therefore, needs to include both the assumption of any debt AND a provision that you be held harmless on the debt.  Only by payment of the Buyer will you then be "protected."  All the debts need to be reviewed individually to truly address this possibility. It, therefore, appears that you need an attorney for advise on what debts are really guaranteed, the best method for purchase, and the rights/obligations involved.  From that a fair price for Sale can be gathered.  Plus the Sale terms will be clear (and it outcome as to Debts and the like will be apparent), which should also protect you going forward.... Read More

The Stay language language can be found in section 362.  There is exclusion language that may apply to you contained in that section.  An attorney should review your order for payment in light of this section and then advise you.  Collection action may lie. As to any discharge date, it depends.  First, the Debtor must complete and file a Debtor's Ed Certificate or the case will merely be closed and no discharge entered.  If a Chapter 7 was filed, the discharge date should be about 65 days from the date of the 1st meeting.  This is because Creditors have 60 days to object and the discharge is set for entry thereafter.  As the Debt to you should be automatically excepted under section 562(a)(5) as support, you may not need to file any objection here.  The forms sent to you from the Clerk should have all of this information.  If a Chapter 13 was filed - this is commonly referred to as a wage earner's plan - the bankruptcy could extend up to 5 years.  However, a budget needs to be filed disclosing the payment to you going forward AND provide for any arrearage owed to you in the Plan. From your email, there appears to be no payment scheduled (as it is not happening).  You also need to be sure that nothing is needed to be filed in the BK proceeding.  This suggests that you need an attorney - quickly.  The above can be reviewed and a strategy for enforcement made - either in the Bankruptcy Court or the Divorce Court. Should you not have an attorney versed in BK and post-decree enforcement, you can call your county bar association for a referral.... Read More

The answer is: it depends.  For a Chapter 7, any filing can be initially evaluated as follows:  The property is dependant on who owns it and whether it can be exempted.  She, by not filing, would not bring in her interest in the property into the Bankruptcy Estate.  If you can exempt (i.e. protect from creditors) your interest, any property would remain yours after the Bankruptcy.  As to the loans, any filling by you should discharge those loans as to you,  However, the creditor, if secured on property (real or personal), can assert its lien and foreclose (real) and/or repossess (personal) property.  Your wife (as co-obligor) would also remain liable as any discharge would not affect her liability to those creditors.  As such, payment from your household can still be sought. Whatever she was awarded in her prior divorce would [should ?] stay hers and remain outside the BK (as she did not file).  This is, however, provided that she did not add your name to title.  If so, see the above for the likely resultant answer.  Since this answer is fact and document driven, you should have your situation and papers reviewed by an attorney that practices Bankruptcy in your county.  You can then get a firm answer as well as advise governing a Chapter 13.  This may be the better option as it is a debt re-payment option that allows you to protect your wife as co-signor and your assets from creditors.... Read More

You may or may not be liable. You may be liable if you contracted, you owned the property benefited by the service (even if you didn't live in it), or if you lived in the property as a member of the family when the service was furnished. Complain to the ICC if you are not liable. Also, check your credit reports and complain in writing to the credit bureaus if you are not liable with a copy to the gas company; this may provide a way of recovering damages for wrongful attribution of the debt to you.... Read More

Your father's estate is liable. Transfers of money or property made to avoid payment of existing or anticipated liabilities or which rendered him insolvent may be subject to attack. No one else is personally liable. Ex-spouses are not liable. Persons living without benefit of matrimony are not liable. Affianced persons are not liable. Children are not liable for their parent's debts.... Read More

There is not anyone else (since there is not a spouse) that is legally responsible to pay your father's bills from their own assets. That said, you mention several items that remain a part of his estate and several transfers that can be questioned. The assets in his estate, including any that may be considered based on questionable transfers, are subject to being used to pay the creditors. Hopefully, with the medical insurance, the balances will be limited and you can work through the bills in consultation with probate counsel. Filing an estate is the usual course, but Illinois has just updated its small estate procedure, which can also be considered.... Read More

This is not a question that can be answered in the abstract. It is affected by such facts as whether you saw a sample of the product they intend to supply and agreed that it met specifications, whether the production item is identical to the sample, exactly where the specifications were, whether there is any conflict between the forms, etc. It is also affected by where the supplier is and what law applies. You need to consult an attorney familiar with this area and provide all the facts. I would not suggest that you provide further details except in a privileged communication, which this is not.... Read More

Generally in Illinois one spouse is liable for emergency or non-elective medical care provided to the other. The liability is for the reasonable value of medically necessary services. It does not extend to attorney's fees, collection charges, and the like; attempts to collect such amounts from a non-signing spouse violate the Fair Debt Collection Practices Act. There is no liability if one spouse contracts for the extension of credit; federal law allows each spouse to contract for credit without involving the other. There is also no liability in the case of nursing homes; federal law (applicable if the nursing home takes Medicare or Medicaid funds for ANY patient) prohibits requiring the other spouse to be obligated.... Read More

Do not worry, you can file chapter 7 bankruptcy and it will not affect your soon-to-be ex-husband. Since you do not live in the same home, you do not have to combine your household income which will greatly help you in filing chapter 7 bankruptcy. Since you are not jointly filing for bankruptcy with your husband, it will not affect his credit score whatsoever. The only thing that it may affect is certain jointly held property, an example would be if you purchased a home together or a car. Besides for jointly owned property, it will not affect your husband whatsoever. This is also true for people who are married and not getting divorced, it will not affect your spouse, the only thing it will affect will be that their income will be considered as household income to determine which type of bankruptcy must file and any jointly held property, but usually bankruptcy exemptions can handle this issue. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read More

The answer depends on what terms were known or available to you and what is a reasonable charge for the items, assuming that they cannot be used by another. In the absence of a price term, someone ordering goods which are not a gift is responsible for a "reasonable" amount. It cannot really be answered in the abstract.... Read More

Bankruptcy costs at least a $1,000 for a simple case like yours (if you go to one of the attorneys that advertises on TV - it'll probably cost at least $2,000). You're going to be paying $1,000 to discharge $5,000 to $6,000. And you'll have a bankruptcy on your credit history. I'd advise you to try to pay off your debts without filing the bankruptcy. With your low level of debt, I don't think bankruptcy makes sense.... Read More

A secured creditor is not obligated to repossess a car. On the other hand, no one except your brother's nonexistent estate is responsible for the debt. If the car is worth more than the loan balance, see if you can get title to the car (a small estate affidavit may be appropriate) and sell it. The loan company has to be paid off, and upon receiving payment must release its lien. If the car is not worth the loan, inform the loan company that you will cease insuring / maintaining the car if they do not retrieve it by x date, about 4 weeks in the future, advising where it is.... Read More

It would be helpful for you to meet with an estate planning attorney to address your own needs regardless of your husband's, as well as to better cover your questions, but most of your concerns will likely be unfounded. The lender cannot come after your separate assets. To the extent the equipment is sufficient to cover the loans, then the equipment will be recovered and that would be the end of it. I would be concerned, however, whether the equipment, in those circumstances, would yield the value needed. Further, losing it eliminates many options on what you could do as far someone else assuming his farming operations (which may or may not be desired/advised). Your 401(k) would be an exempt asset, even from your own creditors. So, that is not a concern. Do everything possible to avoid tapping into your 401(k) for any reason whatsoever prior to retirement. It really sounds like it would be very worthwhile for you to meet with an attorney face to face for planning purposes. It may be advised to retitle some assets, perhaps use trusts, etc. You may also be better armed to have a responsible discussion with your husband once you have received feedback relevant to your exact circumstances. I wish you the best with this.... Read More

Yes, you can file bankruptcy against past-due rent. Yes, once you file bankruptcy in the automatic stay comes into place this. Any orders of Wayne garnishment. It's also good to know that a bankruptcy can also stop and eviction proceeding from moving forward. Although is important to realize that the landlord can file what is called a motion for relief from automatic stay, which will allow them to proceed with evicting you. But they will not be able to claim the past-due rent and the filing of bankruptcy in the automatic stay will allow you a little more time, to get your situation in order and find a new place to live.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.   Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq.   BOTELHO LAW GROUP Attorneys At Law   http://fallriverbankruptcyattorney.com/   901 Eastern Ave.  Unit 2 Fall River, MA 02723    Office:  888-269-0688 FAX:    877-475-8147   #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

There is no legal obligation to repay her, as the statute of limitations has long since expired (either 5 or 10 years, depending on whether there was a writing), even if the payment was not intended as a gift, which seems likely to be the case. You should not acknowledge any legal obligation, as doing so could create one. It is up to you what you want to do as a matter of good will, her possible need for money, and preserving family harmony.... Read More

This is not a question that can be answered in the abstract. Generally you need to respond to a motion BEFORE it is granted. You can move for reconsideration if you were not able to. I suggest that you obtain an attorney. There are statutory fees for this sort of case and most attorneys who practice in the area will take a case for the fee award, without cost to you.... Read More

The answer depends on whether you lived in Schuyler County. If the answer is "no," then only the bill from the Schuyler county hospital was properly filed there. Note that improper venue as a basis for dismissal/ transfer is waived unless raised immediately. Filing in a county or district where the consumer neither resides (when suit is filed) or signed the contract sued upon is an FDCPA violation, entitling you to $1,000 plus any actual damages. If you are within 30 days, it is relatively easy to get a judgment vacated. If you were not served, it can be vacated at any time. Otherwise, you have 2 years and must show a defense and reasonable diligence.... Read More