Legal Question in Bankruptcy in Illinois

Re: Illinois Law on Wage Assignments

From your message I will assume that you filed under Chapter 13 of the bankruptcy code. A Trustee is allowed to seek approval from the court to garnish your wages (see S. 1325(c) U.S. Bankruptcy Code). The general view is that this is the most efficient way to ensure payment as required under your plan.

Without examining your case in greater detail there are a few options of which you can avail yourself. First you can make a motion to convert your case to a Chapter 7. Under Chapter 7 you are not required to make payments, however your assets may possibly be sold by the Chapter 7 Trustee to satisfy at least a portion of your debts. Second, you can make a motion to dismiss your case in its entirety. If your case is dismissed, then you will no longer have the protection of the bankruptcy code, and your creditors may resume collection proceedings.

Before you make any decision I urge you to speak with an attorney. If you wish to speak to my office then you may telephone (847) 223-4410. I practice throughout Illinois.

Very truly yours,

Thaddeus J. Hunt, Esq.

Disclosure: The foregoing response to your question is for informational purposes only and should not be construes as legal advice. Nothing herein should be construed as creating an attorney-client relationship.