No matter what chapter you plan on filing for, do not, I repeat do not run up debt, charge on your credit cards, take loans, especially payday loans right before you file. Do not do it to pay the lawyer. Do not do it to pay the bankruptcy court filing fees. It will only cause problems with your case.The pertinent code section is quoted here.11 USC § 523. Exceptions to discharge (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an...
Cubs -Tribune Bankruptcy
Here is a switch, I just covered this in my sports column, but it is relevant here too.The Tribune Co.has filed for Chapter 11 bankruptcy protection in Delaware.They have said in a news release, that the Chicago Cubs, including Wrigley Field, were not included in the bankruptcy filing. Efforts to sell the Chicago Cubs will continue, the company said.
Bankruptcy in the media
Recently I was interviewed by Inyoung Hwang from Northwestern University’s Medill graduate journalism school regarding the recent increases in bankruptcy filings and the economy. Here is the article.Bankruptcy filings soar in Chicagoby Inyoung HwangDec 05, 2008Amid a severe economic crisis and a credit squeeze leaving people with fewer options, bankruptcy filings in Chicago soared in October and increased significantly for the first 10 months of 2008, reflecting a broad national...
Preferential payments while insolvent – must prove insolvent at time of payment
Civil - BankruptcyBaldi v. Samuel Son & Company, Ltd., Nos. 08-1022 & 08-1136 Cons. (11/24/08). Appeal, N.D. Ill. E. Div. Aff'd.Dist. Ct. did not err in denying Trustee's request to recover several payments that debtor had made within four years prior to declaring bankruptcy. While Trustee attempted to establish dates of debtor's insolvency as time between beginning and end of start-up entity, Trustee failed to show that debtor was insolvent at time start-up was formed. Moreover, Trustee...
new bill updates
Mortgage Foreclosure ActSenate Bill 2725 (Haine, D-Alton; Harris, D-Chicago) creates a 90-day stay in Illinois courts of action in any pending mortgage foreclosure. It also prohibits the filing of any new mortgage foreclosure action during those 90 days. The 90 days begins on the Governor's signature. It is on second reading in the House. It must pass the House and go back to the Senate for concurrence with House Amendment No. 1 before it is sent to the Governor. The House meets today and...
Obama – McCain tax savings Calculator
New Illinois Bankruptcy caselaw
In re: Kreisler, No. 06-3881 (10/20/08). Appeal, N.D. Ill., E. Div. Reversed and remanded.Bankruptcy Court erred in invoking doctrine of equitable subordination to essentially reduce priority of claim that debtors had purchased at discount from secured creditor. Bankruptcy rules allow creditors to sell their claims in bankruptcy estate, and said doctrine should not have been invoked since there was no evidence that debtors' purchase of secured claim harmed any other creditor. Moreover,...
Rapid Fire Q&A Bankruptcy Style
MORE BANKRUPTCY Q&AGet your own lawyer. This is not legal advice for you!State laws and case law vary.Here we go.Subject: Will I be able to Keep my vehicle?Question: I filed for chapter 7 bankruptcy relief on Sep. 9, 2008. At the time that I filed, I was behind on a few payments to the finance company for my vehicle and requested reaffirmation. The finance company has filed to lift the stay. Will I be able to...
Bankruptcy Q&A rapid fire
Time for rapid fire Bankruptcy Q&A again.
PLEASE REMEMBER STATE LAWS DIFFER. SPEAK TO YOUR OWN ATTORNEY. THIS IS NOT LEGAL ADVICE BASED ON YOUR CASE.
Subject: Chapter 7 waiting 8 years
Question: QUESTION: I filed a Chapter 7 for just myself in 03/01, discharged in 07/01. I just filed today for a Joint Chapter 7 and found out I have to wait 8 years in between filing. Any exceptions or way to get around the...
October 1, 2008 Median Income Level Illinois
State 1 earner 2 People 3 People 4 People * Alabama $35,507 $44,922 $51,130 $61,586Alaska $47,501 $68,904 $69,414 $88,361Arizona $41,792 $55,489 $59,709 $69,210Arkansas $32,380 $43,755 $47,101 $54,721California $47,363 $62,690 $68,070 $77,014Colorado $45,036 $63,240 $68,219 $75,987Connecticut $55,379 $68,208 $82,160 $99,584Delaware $44,479 $58,501 $74,320 $76,085DC $40,774 $70,035 $70,035 $70,035Florida $40,898 $51,945 $57,937 $68,494Georgia $39,253 $52,055...