We begin with the creation of the automatic stay. The stay is automatically created at the time of bankruptcy filing. The automatic stay is actually a unique feature. If a creditor attempts to collect from the debtor in any way after the bankruptcy w...

There are other advantages to filing chapter 13 that may not be easily seen. The interest on the debt that you owe stops accruing. So let's say you owe $200,000 unsecured debt, in credit cards. Well, if the interest rate on that is 20 percent that's go...

Most of the time chapter 7 is the best case scenario, however there's also chapter 13. Chapter 13 should be used when there's a lot of equity in a house or some other kind of asset that a debtor is trying to protect. An example of this can often be seen...

There's two types of bankruptcies; there's the chapter 7 bankruptcy which gives you a fresh start, and the chapter 13 which allows you to pay back a portion of your debt, sometimes 100 percent, sometimes as low as 10 percent, within three to five years. ...

A recent court order has required the three major credit bureaus (Experian, Equifax and TransUnion) to clean up the credit reports of millions of consumers who have filed for Chapter 7 bankruptcy protection. What often has happened is that old debt, disc...

In today's world, having a bad credit report may be detrimental. Even though in most cases consumers have brought this upon themselves, in some cases the bad credit report may be caused by a glitch in the credit bureau system. As up to 25% of credit repor...

Yes, you read that correctly. Debit audits are officially back as of May 12, 2008. This is despite the fact that the panel trustee already examines the debtor, and despite the fact that the U.S. Trustee already reviews every petition filed with the Cler...

A petition for dissolution has been filed with the clerk of the circuit court. A summons has issued against the spouse and it has in fact, been properly served. From that point, the respondent has thirty days to file an appearance in the case; otherwise...

A party who has been forced to resort to the judicial process to secure compliance with the terms of an order or judgment is entitled to her reasonable attorney fees even absent a showing of inability to pay. The trial court has no discretion as to whe...

The proof of claim is the document indicating what a particular creditor is claiming that it is owed by a debtor. It is the starting point for receiving a share of any funds distributed by the bankruptcy trustee. The same proof of claim for applies to b...

It is clear that the trial court has general power to award attorney fees pursuant to subsection (a) of this section and also pursuant to the plenary equitable powers of the trial court; however, regardless of the source, the power must be exercised while...

Form 22 Means Test & Automobiles One would initially not recognize a significant difference in the preparation of documents for Chapter 7 bankruptcy and for Chapter 13 bankruptcy. After all, it seems relatively simple. In a Chapter 7 bankruptcy case,...

The award of attorney fees and the amount to be paid by the parties is within the discretion of the trial court and will not be disturbed absent a clear showing of an abuse of discretion. An award of attorney fees in an Illinois divorce proceeding is ordi...

The above principals cannot be applied in a rigid or mechanical fashion but require the trial court to exercise discretion. In re Tatham. The standards applicable to determining jurisdiction cannot be applied in a mechanical fashion, but require the exe...

The following items have been handed down by the marital and family law judges. The details of the cases have been summarized for easier statements of the rulings: Res Judicata The original decree awarding child support payments are res judicata so...