Simple Chapter 7 Bankruptcy Filing Can Become Difficult Depending Upon The Trustee

Difficult Trustees Nobody likes difficult people. Nobody likes to feel that they have been put through the ringer. Nobody wants to feel that they have been harassed, abused, and given an unnecessarily rough ride in the process. Unfortunately, this is a common occurrence in some Will County chapter 7 bankruptcy cases. Let me cite a recent example: An attorney from my office recently was out in Will County for chapter 7, 341 meeting hearings. He had a few meetings at 9:30 AM, followed by a meeting or two concluding at 1:30 PM per the schedule.  What should've been a very easy day turned out to be an extremely difficult day thanks to the Chapter 7 trustee sitting that particular day. Let's + Read More

Where Has Salesmanship Gone Among Bankruptcy Attorneys?

Bankruptcy Is A Service Business As bankruptcy attorneys, we are in the service business of getting people out of debt. This could come in the form of a chapter 7 bankruptcy or a chapter 13 bankruptcy depending upon the facts of the case. We have the solutions available at our disposal thanks to the bankruptcy laws enacted by Congress. It seems however, that there is an underlying ethical consideration prohibiting salesmanship in regard to filing. Although not specifically written in any ethical rule, it is silently hindering an attorney's ability to sell the service. As in other aspects of life, those that can sell themselves, their services and other benefits, often achieve more than + Read More

Bankruptcy Case Study 1/5/17

Overview This is the bankruptcy case study for Mr. M., who resides in Chicago, Illinois. He is seeking advice on whether or not chapter 7 bankruptcy will provide relief. Let's go through and look at the particulars of his case. For starters, he has no significant assets whatsoever. He is not a homeowner; He does not own his own vehicle; He has no retirement accounts; He has no assets which can be taken by a Chapter 7 trustee, administered, and paid pro rata to his creditors. Thus, right from the outset, we are looking at a clear chapter 7 eligibility case. Financial Picture In terms of his household, he is single with no dependent children. He is currently working as a driver and has been + Read More

A Chicago Bankruptcy Attorney’s Christmas Wish List To Chapter 13 Trustees

At the close of every calendar year, I try and reflect about the year past from a bankruptcy standpoint. What was most rewarding about being a chapter 13 bankruptcy attorney? What would've made the practice of law even more rewarding? What types of rulings or policies would I have liked to have seen go in a different direction? Just a few simple thoughts as we enter the Christmas season. More Uniformity 1)   Wouldn't it be great if there was more uniformity among the chapter 13 trustees? There are three chapter 13 trustees which handle the reorganization cases for the bulk of my clients. There is a fourth trustee that has just a handful of my clients per year. A greater sense of uniformity + Read More

Looking Ahead To Next Year With Optimism

A Better Year Awaits As the year comes to a close, people look to the upcoming year with optimism. What can make next year better than the current year? For some this might mean a better relationship, a better job, a healthier lifestyle, and for some a financial fresh start. For those that have struggled during the current year and past years, they envision a future year either free from debt or on a program to manage the debt. What I am referring to is either a chapter 7 fresh start bankruptcy or a chapter 13 reorganization bankruptcy. Either one of these chapters, depending on the person's particular situation, will provide a great form of relief. Chapter 7 Bankruptcy Chapter 7 is the + Read More

Bankruptcy Case Study

Introduction Of Debtor This is the bankruptcy case study for Ms. R., who resides in Berwyn, Illinois. She is here to seek bankruptcy protection and to eliminate the struggle that she has been in for some time regarding debt. To determine whether or not she can file and get the relief needed, we need to conduct a thorough intake examination to learn all of the details. We begin with the fact that she has never filed for bankruptcy protection in the past. This opens the door to availability for chapter 7 and Chapter 13. In terms of real estate, she is not an owner of any such property. She is currently renting on a month-to-month basis. She is current on her rent and she would like to + Read More

Wage Garnishment Proceedings: An Employer’s Perspective

Creditors Collection Tool As a wage earner, nobody wants to see their wages garnished. Whenever a person is working for wages and they have an outstanding monetary judgment against them, there is always the risk and concern that a wage garnishment summons could be forthcoming. Judgment creditors and their lawyers have access to information which may alert them if and when you are gainfully employed. In some cases, a creditor may be aware of your employment situation based upon a prior application which you completed. In other cases, a Social Security search can be done to determine whether or not current payroll withholdings are being made. In other situations, the creditor can learn vital + Read More

New Bankruptcy Rule, Fee and Form Changes Effective 12-1-16

Beginning December 1, 2016, Proposed Federal Bankruptcy Rule, Fee and Form Changes will take effect.  The bulk of the changes will relate to litigation and notice provisions.  There will not be significant changes to the debtor’s bar.  There will be a $1.00 increase in filing fees for amending the creditor list or notice list.  The former fee of $30.00 is now being increased to $31.00.  Further, there are three forms that are being amended which relate primarily to creditors and noticing.  Below is a listing of the Rules that are being affected: Rule 1010. Service of Involuntary Petition and Summons Rule 1011. Responsive Pleading or Motion in Involuntary Rule 1012. Responsive + Read More

What Does A Bankruptcy Cost?

The filing fee is $335.00 for a Chapter 7 bankruptcy filing.  The filing fee for a Chapter 13 bankruptcy case is $310.00.  Some attorneys will allow for the attorney's fees to be paid over an extended period of time. + Read More

Will Chapter 7 Bankruptcy Help With Parking Tickets?

No Income Option I recently received an interesting call from young lady who was seeking bankruptcy protection to help with outstanding parking tickets. She had no income whatsoever, so she was not a candidate for chapter 13 bankruptcy which is the repayment plan over a 3 to 5 year period. However, she was interested in simply holding off the City of Chicago for at least three months while eliminating other types of debt. Her plan, while not conventional, is actually a good one in her case. By filing chapter 7, she will be able to eliminate plenty of debt while holding the City of Chicago at bay. She can then work out an installment payment plan with the city after her chapter 7 case is + Read More

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