Legal Question in Bankruptcy in Illinois

I am declaring bankruptcy, and 90% of my pay ( which I use to pay my daily life bills ) comes from commission. Is it true that the trustee can seize my commission after my petition is filed?


Asked on 4/17/12, 11:03 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

That may be an issue. Commissions you have earned are an asset you own and must be accounted the same as more tangible assets. Insurance agents receiving residual commissions often have this complication. An attorney should carefully review the circumstances and advise you based on a detailed analysis.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for October 2011 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 4/17/12, 1:44 pm


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