» Illinois Bankruptcy

Damisch & Damisch v. Rabiola: Horsing Around: Litigation Sanctions May Be Nonsdischargeable

In 2004, Reginice Rabiola bought a farm in Kane County where she built an indoor horse riding ring and a hay field. To get equipment onto the hay field, she used a grassy patch on her neighbor’s land. In 2007, Jon DeRaedt, the neighbor, sued her fo… Read More
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SUPREME COURT WILL DECIDE WHETHER ACTUAL FRAUDULENT CONVEYANCES CREATE NONDISCHARGEABLE DEBTS

The Supreme Court has agreed to decide whether a transfer designed to hinder, delay or defraud a creditor renders the amounts owed to the creditor non-dischargeable. Read More
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Bankruptcy Filings Through First Three Quarters of 2015 Fall 11 Percent from 2014; Commercial Filings Fall 17 Percent

According to the American Bankruptcy Institute, U.S. bankruptcy filings totaled 629,570 during the first nine months of 2015 (Jan. 1-September 30), an 11 percent decrease from the 705,728 total filings during the same period a year ago, according to… Read More
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Illinois Supreme Court narrows Judicial Estoppel Doctrine

Last week the Illinois Supreme Court held in Seymour v. Collins, that the trial court and the Illinois Court of Appeals erred when they dismissed a personal injury suit on the grounds that the plaintiff failed to disclose the cause of action in its c… Read More
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NEARLY 7 MILLION STUDENT LOANS ARE IN DEFAULT

According to the American Bankruptcy Institute, nearly 7 million Americans have gone at least a year without making a payment on their federal student loans, a high level of default that suggests that there is a widening swath of those unable or unwi… Read More
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'Chapter 20' Debtors Can Strip Junior Liens, 9th Circ. Says

‘Chapter 20’ Debtors Can Strip Junior Liens, 9th Circ. Says A Ninth Circuit bankruptcy panel ruled Thursday that distressed homeowners who convert from Chapter 7 to Chapter 13 bankruptcy can strip wholly unsecured junior liens, joining a… Read More
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Female lawyer discussing law with businessman. Legal counsel and the concept of litigation mediation.

What Is A Bankruptcy Trustee? And What Do They Do?

Whenever a Debtor files Bankruptcy, a trustee is assigned to the case. Trustees are selected as part of the United States Trustee Program, which is overseen by the Department of Justice (DOJ). At times, instead of a U.S. Trustee overseeing the case,… Read More
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Documents for filing bankruptcy

Unable To Pay Your Property Taxes? Chapter 13 Can Be a Solution!

In Illinois, Property Taxes are due each year. If a homeowner does not pay their Property Taxes a year after they are due, a lien will automatically arise on their home in order to secure those taxes. Eventually, a home can be sold for delinquent Pro… Read More
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Discharging Income Taxes in Bankruptcy

Personal income taxes are an important source of revenue for the operation of our Federal and State government. When the Bankruptcy Code was enacted, the laws made it very difficult to discharge tax debts in bankruptcy with the operations of the gove… Read More
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Section 341 Meeting?! What To Expect In Your Meeting With Your Creditors

Individuals after filing bankruptcy are often taken by surprise when they find out that they actually have to face their creditors in what is formally called a “Section 341 Meeting” or otherwise known as a “Trustee Meeting.” The trustee presi… Read More
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