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Recent Posts in Bankruptcy Category

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What happens if I miss a bill on my original bankruptcy filing?

As a Chicago bankruptcy attorney , I will have clients who forget to add a bill to their Chapter 7 or Chapter 13 bankruptcy filings. As long as the debt was incurred prior to the filing of their ...
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Chicago bankruptcy attorney explains listing all your bils when you file!

As a Chicago bankruptcy lawyer , I will get the question which bills do I list in my bankruptcy? The answer is that you list all your debts and all your assets when you file a bankruptcy. However, if ...
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My car was taken by the City of Chicago!

If you owe parking tickets (a significant amount) the City of Chicago can take your car to one of the impound lots because of the tickets. The City will often boot the car first and then send the tow ...
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Should I file for bankruptcy?

Filing a bankruptcy with a C hicago bankruptcy attorney like myself is a very personal and serious decision. It should not be taken lightly; however, my duty as a Chicago bankruptcy lawyer is to ...
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Chicago bankruptcy attorney explains a charge off on your credit report!

As a Chicago bankruptcy attorney , clients will often ask me if a "charge off' on their credit report means that the 'debt is gone'? The answer is absolutely no, it is not gone! What ...
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Chicago bankruptcy attorney explains your 401K and IRA or other ERISA protected accounts in bankruptcy!

If you have an IRA, 401K or other ERISA qualified retirement account it is protected in a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. As a Chicago bankruptcy lawyer , I get the question if one ...
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Chicago bankruptcy attorney explains will I still owe taxes after filing Bankruptcy?

This is one the lesser know advantages of filing for bankruptcy protection. As a Chicago bankruptcy attorney practicing Chapter 7 and Chapter 13 bankruptcy I am asked whether taxes can be discharged ...
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Will my creditors show up at my 341 meeting?

As a Chicago bankruptcy attorney , I am often asked by clients whether or not creditors show up at their meeting of creditors or the 341 meeting. The answer is generally no, they do not appear at your ...
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Walking away from a mortgage or strategic default!

As a Chicago bankruptcy attorney , I am often asked by a client if they should give up their home. Well as with anything, the answer depends on a lot of factors. In this article by MSNBC, it speaks ...
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Eliminating a 2nd Mortgage in Chapter 13!

As a Chicago bankruptcy lawyer , I have a lot of clients whose mortgages are significantly underwater due to the real estate crisis. A Chapter 13 reorganization bankruptcy allows a debtor to strip or ...
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Chicago bankruptcy attorney expains stopping a garnishment!

As a Chicago bankruptcy attorney , I will often get a client who asks how to stop a garnishment. The filing of a Chapter 7 bankruptcy or a Chapter 13 bankruptcy will stop a garnishment even once it ...
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Chicago bankruptcy attorney explains why tax season is a good time to file bankruptcy!

Happy New Year to all those reading this post. As a Chicago bankruptcy attorney , the New Year is a busy time for bankruptcy attorneys as clients again start to focus on their finances. Usually ...
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Chicago Bankruptcy attorney explains new American Bankruptcy Institute Study!

According to this article , a study by the American Bankruptcy Institute finds that the 2005 bankruptcy reform act has increased the burdens and costs on Debtors filing for bankruptcy. The results of ...
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Chicago bankruptcy attorney explains credit counseling!

To file either a Chapter 7 or a Chapter 13 bankruptcy a debtor must obtain credit counseling prior to the filing of either bankruptcy. As a Chicago bankruptcy attorney , my clients will often ask what ...
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Chicago bankruptcy attorney explains a frozen bank account!

When a creditor has a judgment and they find out where you bank they can freeze your bank account by sending over a copy of the judgment to the bank. This is called a levy of the bank account. The ...
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Massachussets Attorney General Sues Five Major Banks over foreclosure practices!

In this article , the attorney general of Massachussets has sued five major banks for deceptive practices and allegedly illegally foreclosing on homes in the state. Attorney generals in other states ...
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Chicago bankruptcy attorney explains that Social Security Payments cannot be garnished!

As a Chicago bankruptcy attorney , I will get calls from potential clients asking whether their Social Security or Disability payments can be garnished. The answer is no, Social Security and ...
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Chicago bankruptcy attorney explains the means test!

As a Chicago bankruptcy attorney , I often get the question what is the means test. The means test is a required form added to the bankruptcy schedules in 2005. It is a six month average of the ...
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My spouse does not want to file bankruptcy. Do they have to file with me?

As a Chicago bankruptcy attorney , I will commonly get the question of whether a persons spouse has to file bankruptcy with them. Often times one spouse will want to file and the other does not. The ...
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Chicago bankruptcy attorney explains how to stop a garnishment!

As a Chicago bankruptcy lawyer , I get questions from potential clients on how to stop a garnishment. A garnishment is a court order which allows a creditor to take a portion of the judgment debtors ...
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Chicago bankruptcy attorney explains a co-signer!

As a Chicago bankruptcy attorney , I will get the question what happens if I have a Co-signer and I file for bankruptcy. A co-signed debt is a debt which two parties are jointly and severally liable ...
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Living expenses such as your grocery bills are going up!

According to this article , the price of food is projected to rise up to 4-5% this year and another 2-3% next year. It seems that prices for food are already on the rise. As a Chicago bankruptcy ...
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What is a fraudulent transfer in bankruptcy?

In this article , Joe Paterno the former head coach of Penn State Universities football team recently transferred his home to his wife for love and affection and $1. The present value of the home was ...
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Nearly 1 out of 3 peoples homes are underwater!

A new report cited in this article , states that nearly 29% of borrowers are underwater on their homes. Underwater means that the person owes more than their mortgages and therefore, they have no ...
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When does the discharge come from the court?

As a a Chicago bankruptcy attorney , my clients often ask when the discharge will come from the court in a Chapter 7 bankruptcy? When a Chapter 7 bankruptcy is filed a meeting of creditors is set by ...
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