Illinois Bankruptcy Options

Each passing year since 2000, Illinois law has grown more conservative toward debtors in bankruptcy. The Supreme Court of Illinois mirrors this trend through civil opinions that limit or abolish longstanding individual rights. With the current evolution of the Bankruptcy Abuse Prevention and Consumer Protection Acts now pending before both houses of Congress, debtors should expect further restrictions upon protection of individuals by the U.S. Bankruptcy Courts in Illinois. As an alternative to bankruptcy, debtors may find viable options through third party, commercial services that do not carry the stigma of court ordered relief. The following resources may be worthy of consideration.

The sites below were reviewed for content which is relevant to the Illinois bankruptcy issues appearing within this site. For more information regarding our selection of resources, please see our review policy. If you have further questions, do not hesitate to email us. We welcome all sites submitted which are relevant to Illinois bankruptcy issues. We respond to all requests within 3 business days.

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Recent Notable Opinions of the Supreme Court of The United States:

Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9, 2002, Decided March 4, 2002. Cornelius and Suzanne Young failed to include payment with their 1992 income tax return filed on October 15, 1993. After filing Ch. 13, the IRS assessed tax liability and the Ch. 13 case was later dismissed for their inability to pay taxes through the plan. A new case initiated under Ch. 7 resulted in discharge of the Young's debts. Under the Code, the IRS generally maintains a priority for payment  for taxes due within three years of filing a petition under 11 USC 507(a)(8)(A)(i). This priority renders recent taxes non-dischargeable according to 11 U.S.C. 523(a)(1)(A). When the IRS subsequently demanded payment after the Ch. 7 discharge, the Youngs filed a motion to reopen their Chapter 7 case and specifically discharge all taxes demanded because liability arose before the 11 U.S.C. 507(a)(8)(A)(i) three-year look-back period. The District Court found for the IRS, holding the look-back period was tolled while the Ch. 13 case was pending, and further concluded the 1992 debt had not been eliminated by the Young's Ch. 7 discharge even though no objection to discharge was filed. The Court of Appeals affirmed the Illinois Bankruptcy Court. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the Court determined the 11 U.S.C. 507(a)(8)(A)(i) look-back period was tolled during the pendency of the Chapter 13 case upon the filing of the petition. Justice Scalia reasoned the look-back period was tolled by operation of law because the Code does not explicitly prohibit equitable tolling in favor of the IRS. The implication of this decision affects all Illinois bankruptcy cases. The look-back period applicable to taxes assessed by the State of Illinois are also presumably tolled by initiating any Illinois bankruptcy proceeding.

Recent Notable Opinions from Illinois Bankruptcy Courts

In re Sims, Case No. 02-90737, Adversary No. 02-9040, April 6, 2004 before the Illinois Bankruptcy Court for the Central District. After the Sims initiated Illinois bankruptcy in a Chapter 7 proceeding, a creditor objected to discharge alleging fraud based upon the receipt of a large insurance settlement that the Sims spent prior to the date of filing. The Court nevertheless allowed discharge. Pursuant to 11 U.S.C. 727(a)(2)(A) debtors filing Illinois bankruptcy must be denied a discharge where it is found that the debtor, within one year before the date of filing, with the intent to hinder, delay, or defraud a creditor or an officer of the estate has transferred, removed, destroyed, mutilated, or concealed property of the debtor. An Illinois bankruptcy court must find that the debtor acted with actual intent requiring a showing of extrinsic evidence suggesting that fraud exists. In re Smiley, 864 F.2d 562 (7th Cir, 1989). Because direct evidence of a debtor's intent usually is unavailable, intent may be inferred from the circumstances surrounding the debtor's conduct. In re Smiley, supra at 566. The question of intent generally will depend upon assessment of the credibility of witnesses and the court's assessment of that credibility. In re Bonnett, 895 F.2d 1155 (7th Cir. 1989). The burden of proof is placed upon the party filing the complaint in an adversary proceeding to establish all elements of 11 U.S.C. 727 by a preponderance of the evidence. Grogan v. Garner, 111 S.Ct. 654 (1991).