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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 8
Do you have any Illinois Bankruptcy questions page 8 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

Can a car company sue me for a car they don't have and I don't neither?

Answered 11 years and 10 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Debt is clearly dischargeable in a Chapter 7. The underlying Promissory Note is what creates the debt. The car lienholder can repo the car and sell it, and sue you for the difference. Or they can ignore the car and just sue you on the Promissory Note. In any case, the Chapter 7 will handle this debt. Good luck!... Read More
Debt is clearly dischargeable in a Chapter 7. The underlying Promissory Note is what creates the debt. The car lienholder can repo the car and sell... Read More

If they catch the bill oversight, will they bill me all the past due overlooked sewer charges?

Answered 11 years and 11 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
At least within the statute of limitations, which may be 5 or 10 years. Contact them and work out a payment arrangement.
At least within the statute of limitations, which may be 5 or 10 years. Contact them and work out a payment arrangement.

Is this a debt validation letter?

Answered 11 years and 11 months ago by James Timothy Weiner (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
No... ask them in writing to verify the debt.
No... ask them in writing to verify the debt.

Is it illegal for them to repossess my car if my payment was due to the 15th but was given a 10 day grace?

Answered 11 years and 11 months ago by James Timothy Weiner (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Generally they should not repossess your car unless you are significantly behind.. say 30 days or moreare you sure you did not miss a payment?
Generally they should not repossess your car unless you are significantly behind.. say 30 days or moreare you sure you did not miss a payment?

When she passes, is my wife to be held responsible for the windows installed as a gift?

Answered 11 years and 11 months ago by Linda Kaye Frieder (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I would not think so.
I would not think so.

When she passes, is my wife to be held responsible for the windows installed as a gift?

Answered 11 years and 11 months ago by attorney Daniel A. Edelman   |   3 Answers   |  Legal Topics: Bankruptcy
There is certainly no personal obligation. Only the mother in law and her estate are liable on the debt. The only potential problem is if the contract purports to give a security interest in the windows to the creditor, or if a mechanic's lien is filed.
There is certainly no personal obligation. Only the mother in law and her estate are liable on the debt. The only potential problem is if the... Read More

When she passes, is my wife to be held responsible for the windows installed as a gift?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I would like to look at the contract before I would render any opinion. Generally such contracts are secured by either the windows which have been installed to a lien against the house.
I would like to look at the contract before I would render any opinion. Generally such contracts are secured by either the windows which have been... Read More

Is monthly statement a collection item?

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Actually a monthly invoice on a car loan or a mortgage is an attempt to collect a debt. Usually once you file chapter 7 bankruptcy or chapter 13 bankruptcy during the time of the automatic stay you will not reap be receiving statements from your bank. After the bankruptcy is over you may sign a waiver which allows your bank to send you monthly invoices or is simply may be the policy of your bank to not send invoices to a person who's file bankruptcy and been discharged in bankruptcy. It is not simply a made up policy, it is actually part of the US bankruptcy code. 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
Actually a monthly invoice on a car loan or a mortgage is an attempt to collect a debt. Usually once you file chapter 7 bankruptcy or chapter 13... Read More

Do I still have to pay child support if my son is placed in a state training school after he got arrested?

Answered 11 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You fail to mention how old he is. You may be entitled to an abatement in support. The court will not terminate it, but it may stop it from accruing against you.
You fail to mention how old he is. You may be entitled to an abatement in support. The court will not terminate it, but it may stop it from accruing... Read More

Can I get a refund of the downpayment on a vehicle I returned to a used car lot?

Answered 11 years and 11 months ago by Linda Kaye Frieder (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You may be able to work something out with the dealership. Give it a try.
You may be able to work something out with the dealership. Give it a try.

If I co-signed for my wife to buy a car, I signed my part of the paperwork, she has not signed anything and does not want the car, can I take it back?

Answered 11 years and 11 months ago by Linda Kaye Frieder (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
It depends on the paperwork that was signed.
It depends on the paperwork that was signed.

If I'm first signer on a car loan but the car is the co signer's possession, what steps do I have to take to obtain the car?

Answered 11 years and 11 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
If she is not willing to give you the car, and you do not have a written agreement with her giving you a security interest, you probably need a court order. Alternatively, ask the creditor to repossess it.
If she is not willing to give you the car, and you do not have a written agreement with her giving you a security interest, you probably need a court... Read More

What happens when a general partner in a LLLP is a corporation?

Answered 11 years and 11 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
You need to get personal guarantees of the individuals involved.
You need to get personal guarantees of the individuals involved.

What do I need to do to obtain a car that's in my name that's with the co signer of the car loan?

Answered 11 years and 11 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
If it is in your name it is your car. Go get it.
If it is in your name it is your car. Go get it.

Is it legal for them not to take a check if I am trying to settle a debt?

Answered 11 years and 11 months ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
They don't have to take less than the full amount. Do not give them any payment without a written agreement and never provide account information.
They don't have to take less than the full amount. Do not give them any payment without a written agreement and never provide account information.

The bankruptcy trustee is legally required to only charge a set fee. Can he also hire his own law firm and charge additional thousands of dollars?

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
A chapter 7 bankruptcy trustee does not get a set fee, in fact they get a percentage of everything you sell. They may also hire any professionals to help them with the liquidation of your assets such as legal representation, real estate professionals and auction companies. I'm not sure way you read about a federal limit on trustee compensation, because trustees only get paid about $65 per case they make their money by liquidating your property after they get a percentage of everything with liquidated after all bills are paid to the creditors. But this bill does not come out of your money, it comes out of the money from the assets that are liquidated so you won't be paying the trustee this, it's just part of the liquidation process in a chapter 7 bankruptcy for debtors who have assets or capital that are not exempt. 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... Read More
A chapter 7 bankruptcy trustee does not get a set fee, in fact they get a percentage of everything you sell. They may also hire any professionals to... Read More

What are my daughter’s right if she bought a car less than 30 days ago and it has been given her problem ever since?

Answered 11 years and 11 months ago by John R. Ceci (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Sorry this is an area of law I do not practice in. Try searching online using the phrase "lemon law attorney." There are attorneys who specialize in that field who probably know that answer off the top of their head.
Sorry this is an area of law I do not practice in. Try searching online using the phrase "lemon law attorney." There are attorneys who specialize in... Read More

Does the creditor have to furnish proof that I owe less than a $1000.00 if I do not recall ever having the credit card 6 years ago?

Answered 11 years and 11 months ago by John R. Ceci (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
I am not sure what you mean by correct. Debt collectors have their own procedures. You have already told the law firm that you don't think you owe the money. If they really think you owe it then either you pay it or wait and see if they sue you. If they do sue you, they have to prove that you actually owe the debt, the amount of the debt and that they have sued you within the applicable statute of limitations. Also, you should also check your credit report to see what's on it.... Read More
I am not sure what you mean by correct. Debt collectors have their own procedures. You have already told the law firm that you don't think you owe... Read More
Bankruptcy
Illinois

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