In a recent case, Judge Schmetterer held in In re Cross, Adversary No. 18 AP 00154, that the City of Chicago did not have the right to retain a chapter 13 debtor’s vehicle to protect its possessory lien on the car that allegedly secured payment…
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According to a May 30, 2018 article in Illinois Patch, Illinois is among the top 10 states where residents have the most credit card debt. That’s according to a report released Tuesday by New York Comptroller Thomas DiNapoli. According to the s…
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As reported by Rochelle’s Daily Wire on May 23, 2018, Bankruptcy judges in California and Chicago disagree on whether parties to a civil union or domestic partnership are “spouses” eligible to file a joint bankruptcy petition. In the Chicag…
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According to an article published in Pro Publica, a consumer’s inability to pay attorneys’ fees prevents many consumers from filing for bankruptcy. This phenomenon has spawned considerable debate about the appropriate “fix”, b…
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In In re Patricia G. Olson, 3:17-bk-50081-BTB (Bankr. D. Nev. 2017), the debtor was 92 years old, legally blind, and a resident of an assisted living facility. She filed bankruptcy to stop foreclosure on a commercial property in Lake Tahoe, Californi…
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In re Thompson, from the District of Massachusetts (17-11318-MSH), the court rejected a plan that delayed the surrender of a house so the debtor’s child could finish high school without moving. The court reasoned, among other things, that ̶…
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Consumers should be careful about who they hire for bankruptcy assistance. According to the American Bankruptcy Institute: A national consumer bankruptcy law firm and its local partner attorneys were sanctioned and enjoined by the U.S. Bankruptcy Cou…
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According to the Tribune (1/22/18) Americans are defaulting on their credit cards at the highest rate in nearly a year, and Chicagoans are leading the pack. Chicago residents are now more likely to miss a credit card payment than residents of any oth…
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We are proud to share an exclusive interview conducted by Bill Rochelle of the ABI with Ariane Holtschlag, FactorLaw’s bankruptcy attorney, regarding some of the cutting edge consumer issues in the Northern District of Illinois. Watch the inter…
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As reported by the American Bankruptcy Institute on December 29, 2017, a Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home Consumers are entitled to convert a Chapter 7 case to Chapter 13 even if the only reason is to pr…
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