DuPage County Chapter 7 Bankruptcy Lawyers

Bankruptcy Lawyers Easing Your Financial Transition

If you have a high amount of debt and limited income with which to pay it off, Chapter 7 bankruptcy may be your best option. Filing for Chapter 7 could eliminate most (or all) of your unsecured debts and put you on the path to financial freedom. Discharging your debts through bankruptcy is not a decision that should be made lightly. Before moving forward, it is important to speak with an experienced bankruptcy attorney who can analyze your situation and advise you of your options.

For over two decades, Mevorah & Giglio Law Offices has been assisting clients going through financial difficulties in Chicagoland and throughout northern Illinois. Our award-winning attorneys have extensive experience with all types of bankruptcy issues; including Chapter 7 Bankruptcy, Chapter 13 bankruptcy, small business bankruptcy, preventing foreclosures, and non-bankruptcy solutions. We understand that each circumstance is unique, and we take the time to understand your situation thoroughly and develop the most practical solution to resolve your financial problems.

Chapter 7 Bankruptcy Overview

Also referred to as a "straight" or "liquidation" bankruptcy, Chapter 7 is often the quickest and most efficient way to wipe out your debts and help you start fresh. Debts that can be discharged by filing Chapter 7 bankruptcy include:

• Credit card debt
• Medical bills
• Unsecured personal loans
• Utility bills
• Certain court judgments
• Payday loans
• Certain IRS tax debts

Upon filing, an automatic stay goes into effect, putting a temporary halt on collection activity from most creditors. The automatic stay also puts a stop to most garnishments and wage levies. There are some debts that cannot be discharged through Chapter 7 Bankruptcy. These include:

• Alimony/spousal upport
• Child support
• Student loans
• Fines for traffic violations;
• Debts for personal injury or wrongful death
• Certain IRS tax debts
• Debts not listed at the time of filing

Since the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), there are certain restrictions on who can file for Chapter 7 Bankruptcy. To qualify, you must meet the following criteria:

• Your income must be less than the Illinois median income for a household of your size; or
• If you earn above the median household income, you must be able to show that you have insufficient funds to pay your creditors after deducting all of your "allowed living expenses."

There are also some additional requirements under BAPCPA for those filing for Chapter 7; including increased documentation of debts and credit counseling.

Am I Allowed to Keep My Personal Property if I File for Chapter 7 Bankruptcy?

When you file for bankruptcy under Chapter 7, you are allowed to exempt a certain amount of your assets/personal property from being liquidated to pay your debts. In Illinois, exempt assets include:

• Homestead exemption for real estate property up to $15,000
• Professional items and tools of trade up to $1,500
• Equity in a motor vehicle up to $2,400
• Most retirement and pension plans
• Household furnishings
• Clothing, health aids, school books, family pictures, and Bibles
• Personal injury recoveries up to $15,000
• A "wildcard exemption" of up to $4,000 for other personal property
• Proceeds from the sale of exempt property

Contact a Skilled Naperville Bankruptcy Lawyer at 630-932-9100

Chapter 7 bankruptcy should only be filed after a careful review of your financial situation. In general, those who have a high amount of dischargeable debt, income lower than the median household income in Illinois, and limited assets may benefit by filing under Chapter 7. At Mevorah & Giglio Law Offices, we know there is no "one size fits all" solution for everyone. We will fully examine your finances and draw on our experience to determine the best path forward to financial independence. For a free consultation with one of our skilled Illinois bankruptcy lawyers, contact our office today at 630-932-9100.

Pursuant to 11 U.S.C. §528, Mevorah & Giglio Law Offices is considered a debt relief agency. We will proudly help you file for bankruptcy relief under the Bankruptcy Code if we believe it is in your best interest.