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Illinois Bankruptcy Lawyers - Consumer Guide

The most frequently asked questions pertain to discharge, because ultimately, discharge or final release from debts is the primary goal of everyone who files. Discharges are available in both Chapter 7 & 13 cases. The term "straight bankruptcy", when used by Illinois bankruptcy lawyers, usually refers to Chapter 7. In a Chapter 7 case, all debts are subject to elimination as if paid in full. No payments to creditors are made and debts are legally unenforceable once discharge is granted by the court.

Requirements for discharge and confirmation are complex. Bankruptcy lawyers must carefully construct a financial history for each client before recommending any course of action. Because financial histories are unique, available options under the Code vary. Also, bankruptcy lawyers frequently arrive at different conclusions regarding available options, based on each bankruptcy lawyer's level of experience and expertise. All debtors who have questions regarding discharge and confirmation through the Illinois federal court system should compare the advice of several bankruptcy lawyers to establish the range of options available.

Chapter 13 cases provide either full or partial payment to creditors. In full Chapter 13 cases, payment amounts are reorganized to allow extended payment schedules at lower interest rates. In partial Chapter 13 plans, only a portion of debts owed are repaid according to the financial ability of the debtor and legal ability of their bankruptcy lawyer to gain approval of the court. Remaining balances, upon completion of the plan term, are discharged similar to a Chapter 7 case. Litigation of discharge issues remains fertile ground for all attorneys representing creditors.

Illinois Bankruptcy Lawyers - Frequently Asked Questions

Special items are subject to extraordinary regulation. Liability for debts owed to government agencies or created without knowing consent of others receive a higher level of scrutiny. For more information, see:

Most bankruptcy lawyers and law firms that specialize in consumer cases offer free initial consultations. These meetings serve several purposes. Potential clients usually ask legal questions, inquire about fees and estimated costs, and evaluate any number of lawyers for legal representation. Lawyers also evaluate clients. Because pending legislation will increase attorney liability for client misrepresentations, the time and difficulty required to represent each is factored into costs. Likewise, bankruptcy lawyers avoid potential clients who are considered likely to create liability for misrepresentation, attempt bankruptcy fraud, or violate legal disclosure requirements.

Information for consumer debtors filing Chapter 7 or Chapter 13 in Aurora, Chicago, Cicero, Elgin, Joliet, Naperville, Peoria, Rockford, Springfield, and Waukegan. State and county bar referral information included, plus legal summaries of state and federal law requirements, lawyer directory, law firm and attorney fee guidelines, and court contact information. Illinois Bankruptcy Laws, Courts & Lawyers | ©Copyright 1997 through 2005 - All Rights Reserved.

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