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What exemptions are available when you file for bankruptcy in Illinois?

What exemptions are available when you file for bankruptcy in Illinois?

by Dan Sugrue | Nov 6, 2013 | Bankruptcy Law

When you file for bankruptcy, whether it be through Chapter 7 or Chapter 13, you’re entitled to protect some of your property from being included as part of the bankruptcy estate, and subject to liquidation by your creditors. These are called exemptions. For...
Is Credit Counseling required before filing Bankruptcy?

Is Credit Counseling required before filing Bankruptcy?

by Dan Sugrue | Nov 5, 2013 | Bankruptcy Law

Before filing a petition for bankruptcy under Chapter 7 of the Bankruptcy Code, a debtor must first take a credit counseling course within 180 days before you file. In addition, you must complete a course in debtor education after you file but before your debts are...
Can contributions to a 401(k) continue to be made during a Chapter 13 bankruptcy?

Can contributions to a 401(k) continue to be made during a Chapter 13 bankruptcy?

by Dan Sugrue | Oct 30, 2013 | Bankruptcy Law

In re: Renita Sheri Hall, 12 B 43452, involved a case where a trustee objected to confirmation of a Chapter 13 plan because the debtor was continuing contributions to her 401(k). The trustee’s reasoning in objecting to the plan was that the debtor was not...
Bankruptcy Law-Chapter 13 creditor’s claim for second mortgage

Bankruptcy Law-Chapter 13 creditor’s claim for second mortgage

by Dan Sugrue | Sep 18, 2013 | Bankruptcy Law

In re: Stephen and Angela Brisco, 11 B 34774, involves an adversary proceeding where one creditor in a Chapter 13 Bankruptcy case, the Small Business Administration (SBA) is objecting to a proposed plan (not yet confirmed) in which it wouldn’t recover funds from...
Bankruptcy Law – Motion for Relief from Stay is a creditor’s remedy, not a debtor’s remedy.

Bankruptcy Law – Motion for Relief from Stay is a creditor’s remedy, not a debtor’s remedy.

by Dan Sugrue | Jun 1, 2013 | Bankruptcy Law, General Legal

The United States Bankruptcy Court for the Northern District of Illinois, just ruled on a case regarding a motion for relief from stay, but with a twist. In almost every case, it’s the creditor who’s asking for relief from the automatic stay after a debtor...
Bad news for the Twinkie, Hostess mediation fails

Bad news for the Twinkie, Hostess mediation fails

by Dan Sugrue | Nov 26, 2012 | Bankruptcy Law

A last ditch effort at private mediation failed on Tuesday, setting Hostess on a course for liquidation, assuming the bankruptcy court does not grant pending objections to the plan submitted by Hostess. Here’s the story:...
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