Consumer Bankruptcy Lawyers in Elgin, Illinois

Find the right Consumer Bankruptcy attorney in Elgin, IL

Bankruptcy is a legal procedure that allows an individual or business to have some or all of their debts discharged. It is typically considered as an option of last resort, because while it can stave off financial disaster, it has some substantial long-term consequences warranting careful consideration of the costs and benefits. Since it's a product of federal law, bankruptcy is handled in federal courts. Therefore, the rules and procedures governing it in Illinois will be the same as anywhere else in the country. Distinct courts in Elgin, Illinois will have some unique rules, however, so you should consult with a local lawyer before you file.

Chapter 7 Bankruptcy in Elgin, Illinois

In Elgin, Illinois, there are 2 typical forms of commonly-used consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 liquidates some of the debtor's assets. It requires a certain percentage of the debtor's assets to be sold off to pay as much of his or her debt as possible. However, many types of property that most people own are exempt, meaning that they don't need to be sold. This often includes houses, vehicles, insurance policies, and necessary personal items, like clothing. These assets are not available to creditors.

Once eligible assets are sold, and the proceeds turned over to the creditors, most remaining debt is absolved. However, some types of debt cannot be discharged in bankruptcy, including student loans, taxes, child support, personal injury awards, and fines. If most of your debt in Elgin, Illinois is not dischargeable, you might want to consider other options besides bankruptcy.

Chapter 13 Bankruptcy in Elgin, Illinois

In Elgin, Illinois, Chapter 13 is substantially different from Chapter 7. Chapter 13 may or may not be the best choice for you; this depends on the facts of your specific situation. Chapter 13 bankruptcy does not absolve debt, it restructures it. This involves a court coming up with an adjusted repayment plan designed to be manageable for the debtor. This new plan sets aside the terms of the original arrangements that created the debt in the first place. This creates a new payment structure, typically involving a single monthly payment, that the debtor should find manageable.

Which Type of Consumer Bankruptcy Should I File in Elgin, Illinois

Which Bankruptcy type to file under depends heavily on the facts of each distinct case. If you have a steady stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a steady income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

In any case, it would be a good idea to consult a local bankruptcy attorney in Elgin, Illinois. Your attorney can make an educated judgment as to what your best option is, and advise you accordingly (of course, the choice to file for bankruptcy is ultimately yours).

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Life in Elgin

Elgin is located in the northern part of Illinois, northwest of Chicago and along the Fox River. The city is home to about a little over 108.000 people.

Elgin is known for its architecture. It has many landmarks inspired by the Victorian era. These landmarks include the Elgin Public Museum, which is the oldest building in Illinois.

Other popular attractions include the Elgin Symphony Orchestra, the Elgin Choral Union, the Cook County Forest Preserves, the Bluff Spring Fen, Northwest Tollway, and Trout Park.

Elgin also is home to many attorneys who practice law with enthusiasm and devotion to excellence. Therefore, Elgin residents have no reason to worry because their legal needs can be easily taken care of.

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