Legal Question in Bankruptcy in Illinois

If I fill for bankruptcy and my house and my care are not past due or have ever been past due. can I keep them out of the bankruptcy


Asked on 1/04/12, 2:14 pm

2 Answers from Attorneys

Roseanne Lynch Bankruptcy Counselors, Ltd

All of your assets and liabilities are listed in the Bankruptcy filing but you would not lose your home or car if the payments are current.

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Answered on 1/04/12, 2:24 pm
Henry Repay Law Offices of Henry Repay

When filing for bankruptcy, you are attesting that you have listed all of your assets and all of your liabilities. In most cases, debtors are able to keep their homes and vehicles and, almost always, whether they can do so can be determined in advance with reasonable certainty. There are, however, exceptions and your legal advice should include an analysis of the situation.

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 July 2011 through the present, including wages and unemployment during that period; (2) all your bills (two months� copies neatly assembled, back side fine print 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 1/04/12, 3:01 pm


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