Frequently Asked Questions about Personal Bankruptcy and Illinois Bankruptcy Laws

 

What is bankruptcy?

 
  Bankruptcy is a federally created way for people in need to eliminate their debts.  
 
  What is Chapter 7?  
  Chapter 7 is a typical bankruptcy that wipes the slate clean. Chapter 7 eliminates most types of debt to give you a fresh start.  
 
  What types of debt does Chapter 7 eliminate?  
  Chapter 7 eliminates credit card bills, medical bills, judgments, lawsuits, broken leases, repossessed car debts and even payday loans.  
 
  What types of debt are not eliminated in a Chapter 7?  
  Generally, government debts such as parking tickets and student loans are not eliminated in a Chapter 7. Court ordered debts such as child support and alimony are typically not eliminated either.  
 
  Can I file a Chapter 7?  
  So long as you do not have any significant assets, such as a lot of equity in a house or a car, you should be able to file a Chapter 7. Generally, if you are having a hard time making ends meet, you qualify for a Chapter 7.  
 
  How much does it cost to file a Chapter 7?  
  It depends on the complexity of your case and how much time I need to adequately represent you, however, Chapter 7's usually start at $800.00 plus court costs. I normally take a $100.00 retainer fee and tailor a no interest payment plan for the remainder of my fees.  
 
  Can I keep my house and car if I file a Chapter 7?  
  YES, so long as you do not have significant equity in either the home or the car.  
 
  Can I get credit after filing a Chapter 7?  
  YES, in fact you will receive credit card solicitations immediately following the bankruptcy process. Moreover, you can purchase a new home or a car as soon as you get your discharge from the bankruptcy (discharge usually occurs 4 months after filing).  
 
  What amount of debt is needed to file a Chapter 7 bankruptcy?  
  If you cannot foresee any way to pay off your debts in a reasonable amount of time, you should file a Chapter 7 bankruptcy. The amount is not necessarily relevant, what matters is your ability to pay the debts back.  
 
  Can I file another Chapter 7 if I have already filed one before?  
  You must wait six years before filing another Chapter 7. However, Chapter 13 bankruptcy may be an option for you.  
 
  What is Chapter 13?  
  Chapter 13 is a repayment plan that pays back a portion of your debt based on your income. You must have steady income to file a Chapter 13.  
 
  Why would someone file a Chapter 13 instead of a Chapter 7?  
  Chapter 13 is necessary to stop the foreclosure process on your home or the repossession process on your car. In addition, if you earn too much money, you must file a Chapter 13.  
 
  How can I get in contact with an attorney who can help me?  
  Contact me, Chicago Bankruptcy Attorney Dean Paolucci, through email or by telephone for a free, personal consultation.  
 

 

 

 

 
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