Category: Bankruptcy

What Assets are Exempt in Chapter 7 Bankruptcy?

Declaring bankruptcy does not mean a person needs to surrender all of his or her assets or possessions to satisfy debts. Under Illinois and federal law, there are numerous exemptions that help give individuals the opportunity to make a fresh start following the conclusion of bankruptcy proceedings.

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How Often Can You Declare Bankruptcy?

There are no restrictions on how many bankruptcy cases a person can file, but there are restrictions on the time between filing. A bankruptcy attorney can explain the bankruptcy process and the required waiting period between filings.

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Tuition Debt: The New Bubble?

Some economists are predicting that rampant student debt (i.e. “tuition debt”) is the new speculative bubble that could sink the economy. Speculative bubbles are periods of rapid, unsustainable economic activity in a particular industry or service. These rapid buildups result in “bubbles” which continue to expand until they reach a tipping point when they are no longer sustainable. Once…

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Why Honesty Pays Off in Bankruptcy

People who choose to file for bankruptcy protection in Illinois must be honest, and if they are not, they could face criminal charges and have their bankruptcy petitions dismissed. While criminal charges are not always filed, bankruptcy courts may still impose other penalties against people who try to hide or conceal assets or who lie on their schedules. When…

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Debt Limits for Chapter 13 Bankruptcy Increase

In April 2016, the debt limits for Chapter 13 bankruptcy increased for people filing after that date. A bankruptcy attorney can explain qualification requirements and other restrictions that impact Chapter 13 bankruptcy filers.

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Preparing to Declare Bankruptcy in Illinois

Thorough planning and preparation are required when filing for bankruptcy. Individuals preparing to file bankruptcy must complete several steps in order to ensure that best outcome of the proceedings. A bankruptcy lawyer can help prepare the necessary documentation that shows the financial position of the individual and their inability to pay the debts they owe.

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Rights of Creditors in Question

The rights of creditors under the Fair Debt Collection Practices Act are being reviewed by the United States Supreme Court. Currently, the law prohibits creditors from filing claims for time-barred debts. However, a recent split between the Circuit Courts means that this may change.

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Chapter 7 Bankruptcy Explained

Chapter 7 bankruptcy is a useful tool for some individuals to discharge most of their debt. Chapter 7 bankruptcy, or “straight bankruptcy,” allows the filer to keep certain property exempt, while the rest is liquidated to satisfy the debt. Liquidation is the forced sale of an asset to satisfy an obligation, like loans or credit. The Bankruptcy Trustee would…

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Bankruptcy Makes Sense For Some Senior Citizens

Bankruptcy to relieve debt is an option for many senior citizens on a fixed income. However, bankruptcy may not make sense in every situation. Bankruptcy lawyers can help senior citizens considering bankruptcy determine the best course of action.

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