Category Archives: Chapter 7
Are Chapter 7 Bankruptcies Ever Denied?
No, unless the debtor fails to meet one of the two basic qualifications for bankruptcy. All debtors must be honest and unfortunate. Honest debtors aren’t trying to manipulate the system for their own purposes, and unfortunate debtors are, well, unfortunate. More on these things below. Honest and unfortunate debtors receive all the benefits of… Read More »
What Is Chapter 7 And How Does It Work?
The current combination of high consumer debt, high inflation, and high interest rates is enough to push any family’s ability to pay monthly bills to the breaking point. If unsecured debts, like credit cards and medical bills, are the primary problem, Chapter 7 is an excellent solution. As outlined below, Chapter 7 eliminates such… Read More »
Six Key Illinois Bankruptcy Exemptions
Millions of people are saddled with excessively high unsecured debts through no fault of their own. Some people have very high medical bills. Other people had to rely on credit cards during a period of unemployment. These people should at least consider filing Chapter 7 bankruptcy, but they are afraid they will lose important… Read More »
Can Bankruptcy Erase My Student Loans?
One of my law school professors told us that “You never get anything unless you ask.” That seems like a fairly straightforward proposition. But if the student loan discharge statistics are any indication, most Chapter 7 attorneys have not learned this lesson. In places like Illinois, where the Brunner Rule is still in effect,… Read More »
The Color Of Money In Illinois Bankruptcies
Overall, the bankruptcy filing rate has declined sharply since lawmakers “reformed” the Bankruptcy Code in 2005. But the over-65 age group has bucked this trend. So-called grey bankruptcies have tripled since 1991. This increase is not surprising. For the most part, employer-provided pensions, generous Social Security benefits, and low healthcare costs are all things… Read More »
The Gray Bankruptcy Phenomenon In Illinois
Overall, the number of bankruptcy filings has declined dramatically since 2005. That was the year bankers convinced lawmakers to tighten the bankruptcy rules. But among debtors over 65, the filing rate has tripled since 1991. Here in Illinois, older people usually have substantially more assets than younger filers. So, these bankruptcies require a different… Read More »
3 Quick Exemptions In An Indiana Bankruptcy
In a long line of cases dating back to the early 1800s, the United States Supreme Court has said that bankruptcy’s purpose is to give the honest yet unfortunate debtor a fresh start. Asset exemption is an important part of that fresh start. If debtors lose their houses, cars, retirement accounts, and other assets… Read More »
Hanging Onto Your Car After You File An Indiana Bankruptcy
Many auto loan companies are somewhat patient with regard to late payments. But it is best not to depend on the kindness of strangers. Legally, the lender can repossess your vehicle after just one missed payment, in most cases. In a place like Indiana, such a sudden loss is highly disruptive to say nothing… Read More »
What’s The Difference Between Chapter 7 And Chapter 13?
Shortly after they fought a war to rid themselves of British oppression, the Founding Fathers wrote the Constitution of the United States. Since they understood that oppression comes in many forms, the Constitution’s authors specifically include provisions for a bankruptcy law. Over the years, Congress has revised the bankruptcy law several times, most recently… Read More »
Which Type Of Indiana Bankruptcy Is Best?
Most Hoosiers live hand to mouth. According to a May 2018 report, about 40 percent of Americans cannot pay a $400 emergency expense. So, when the financial storms of life hit, many people are hard-pressed to deal with them. These storms include rather common events, such as divorce, job loss, and serious illness. These… Read More »
