Can You Be Too Broke To File Bankruptcy?

Believe it or not, there are certain circumstances where you are too broke to file. You simply don't have the means to even come up with the filing fee which is $335. Just yesterday, a potential client walked 45 minutes to see me in my office. Not only was he unemployed, but he had his driver’s license suspended due to dui.  Worse yet, he had an upcoming court date whereby he had to pay the court $4000 for his fine. Of course, he does not have the $4000 and will be begging and pleading for additional time to come up with the money. The judge may not grant his request. In that case, he will likely be incarcerated. Another gentleman recently came to see me and he is also unemployed. He is a + Read More

Bankruptcy Case Study For Darius From Chicago

Case Set-Up This is the bankruptcy case study for Darius from Chicago, Illinois who was in my office to determine whether or not chapter 7 or chapter 13 will help him. He currently resides in Chicago and he has a spouse who will not be filing with him. He has filed a chapter 13 bankruptcy in the past which was not successful. In terms of real estate, he owns a single-family home which he wishes to surrender. The house is worth $150,000 and he owes $210,000 on the home. He has not made a mortgage payment in several months and realizes that the best thing to do would be to let the house go into foreclosure and eliminate that debt through bankruptcy. In terms of vehicles, he has a 2013 Chevy + Read More

Can I Switch Bankruptcy Attorneys After My Case Is Filed?

You always have the ability to switch bankruptcy attorneys if you are not satisfied with your current attorney. Depending upon which type of bankruptcy case you have filed will determine whether or not it makes good sense to make the switch. For example, if you have already filed a chapter 7, fresh start bankruptcy, then there probably is not going to be a significant benefit to switching attorneys. First, you've already paid your first attorney and you have to pay a second attorney to jump in on your existing chapter 7 case. Second, absent an adversarial complaint, there should be nothing that the first attorney can't take care of under the original contract with him or her. Switching + Read More

Joliet Bankruptcy Lawyer States “You Need Not Struggle Anymore”

According to Joliet Bankruptcy Lawyer, David Siegel, Joliet has always been a tough, blue-collar, hard-working town in Will County, Illinois. When times are tough in the state of Illinois, they are especially tough in Joliet. And times have been really tough lately. The housing market has not recovered in this area. The job market certainly has not recovered in this area. People are paying more for food, clothing, gas and they are taking home less. This type of climate leads one to explore other avenues of credit. These include credit cards, payday loans, title loans, unsecured loans and borrowing from friends and family. What we are looking at is a perfect storm leading to + Read More

What Percentage Gets Paid Back In A Chapter 13 Bankruptcy?

People often wonder what percentage creditors are going to be paid back in a chapter 13 bankruptcy. As a bankruptcy attorney in Chicago, I can only estimate what the approximate amount may be. The reason why I cannot provide a definitive answer is because I do not know what type and amount of claims are going to be filed in the case. I can tell the debtor that based upon their income, their expenses, their assets and liabilities, the approximate monthly payment to the chapter 13 trustee. This video talks about the different scenarios and the different types of questions that debtors ask with regard to percentage pay back on debt. + Read More

How To Build Credit After Bankruptcy

One of the things most people want to know when considering bankruptcy is how soon after filing bankruptcy can they obtain credit. The answer to this will vary from case to case but there is a relatively simple formula to follow. After your case is filed, you can apply immediately for a secured credit card. A secured credit card is where you put a certain dollar amount on account at a bank in exchange for charging privileges up to that amount. The advantage of secured credit card is that it will start to report positively to the credit bureaus. It also gets you to focus on exactly how much you can spend because your credit limit is going to be relatively small at the outset. Another good + Read More

Can I Dismiss My Bankruptcy & Refile?

Dismissing and Re-filing a Chapter 13 There are certain circumstances where you may want to dismiss your chapter 13 case and refile. You do have the ability to do this. There are certain circumstances where you may have to wait six months to refile. This would be the case where you want to dismiss the case on your own and there has already been a motion to modify the automatic stay filed in your case. If you bring a motion to dismiss in that type of case, then you must wait out the six-month filing waiting period On the other hand, if the trustee brings a motion to dismiss, you have the ability to refile at any time unless you are barred from refiling. We typically only see a bar to + Read More

Can We Save Our Home With Bankruptcy?

    This is the bankruptcy case study for Todd, from Steger, Illinois, and his wife Emily. The couple is considering chapter 7 or chapter 13 bankruptcy, but is not sure which chapter is best for them. Let's explore the details. The couple owns a home in Steger, Illinois with a market value of approximately $110,000. The debt owed on the property to pay it off in full is $103,000. The problem is that they are $27,000 behind on their mortgage payment and close to losing the property to a foreclosure sale. The couple owns one vehicle, a 2003 Nissan Frontier which has 114,000 miles on it.  The vehicle is paid in full with a value of approximately $3000. The couple has a + Read More

Bankruptcy And Your Credit Report

Many people who are considering filing bankruptcy are interested in knowing how long the fact that they file bankruptcy will stay on a credit report. The answer is that proof of bankruptcy filing can last up to 10 years on a credit report. However, this fact should not dissuade one from filing for bankruptcy if overwhelming debt is a major concern.  Most clients are surprised at just how fast they receive offers for credit after they file for bankruptcy relief. For example, they can apply for credit cards immediately after a bankruptcy case filed under chapter 7. They will get offers for credit cards typically within six months to one year after filing. Now these cards may have high interest + Read More

7th Annual Chicago Consumer Bankruptcy Conference

This post is specifically directed to consumer bankruptcy attorneys located in the Chicago area. The American bankruptcy Institute is holding their seventh annual Chicago consumer bankruptcy conference to be held on November 11, 2014. The conference will take place at the University of Chicago Gleacher center. The conference will focus on current issues affecting debtors and creditors and consumer bankruptcy cases. Faculty members will include bankruptcy Judges Janet S. Baer, Donald R. Cassling, Catherine J for Furay, Thomas M. Lynch and Eugene R. Wedoff as well as experienced local chapter 7 and chapter 13 consumer attorneys and panel trustee's. You can click the link below for more + Read More