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Avoid Mistakes When Planning and Filing Illinois Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

Free - 2010 Bankruptcy Strategies Explained

"Illinois Homestead Exemption"

In general terms, a homestead for purposes of an Illinois bankruptcy case is the primary residence of the debtor. 16 states allow the election of either state statutory allowances for homestead values, or the federal exemption provided by 11 U.S.C. 522 which limits homestead values to $18,450 in equity under current amendments.

11 U.S.C. §522 provides, in part,  "(d) The following property may be exempted under subsection (b)(1) of this section: (1) The debtor's aggregate interest, not to exceed $15,000 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor."

New privacy rules went into effect December 1, 2003 for all Illinois bankruptcy courts. Previously, the social security number for each debtor was made publicly available through the clerk's office in all cases. The new rule now requires only the last four digits to be made publicly available because of the rise in identity theft. Concerns regarding inclusion of the names and ages of minor children within schedules remain hotly debated. The Illinois Bankruptcy Court for the Northern District issued a standing order on February 17, 2004 because of the dischargeability of attorney fees. In a case under Chapter 7 of the Code, where the debtor's attorney agreed to represent the debtor upon the condition of a later written agreement to pay attorney fees after filing, the Court will now allow an attorney to withdraw if the debtor refuses to sign the agreement.

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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 2010 - All Rights Reserved.