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McHenry County bankruptcy lawyerDebts can cause a great deal of stress and financial difficulty for a family, but bankruptcy can offer a way out of these situations. However, anyone who is considering bankruptcy may wonder how different types of debts will be handled and whether filing for bankruptcy could result in the loss of his or her property. The elimination of secured debts, such as a home mortgage or auto loan, will typically lead the lender to pursue foreclosure or repossess the collateral used to secure the debts. To avoid this, a debtor may need to determine how they will be able to become current on his or her payments while eliminating other debts.

For debtors with secured debts, Chapter 13 bankruptcy is often the preferred option. This type of bankruptcy will require a person to make ongoing payments toward a repayment plan for several years, and if he or she can continue making payments toward secured debts, he or she will be able to retain ownership of his or her property. Missed payments, late fees, and other amounts owed to a lender may be included in a repayment plan, which will allow a person to become current on these loans. Chapter 13 offers some other benefits as well that may reduce the amount of a person’s debts and help him or her maintain financial stability in the future.

 

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kane county bankruptcy lawyerDebt is an issue that affects people throughout the United States, and there are many reasons that a person may struggle to repay the debts he or she owes. For example, a person may experience financial difficulties due to being laid off from his or her job, or a family member may suffer from a serious illness that leads to unexpected medical expenses. While most people will do everything they can to make ongoing payments toward their debts, this can sometimes become impossible. If a person misses payments or defaults on a loan, creditors may begin taking action to collect the amounts that are owed. 

People in these situations may be considering bankruptcy, which will allow them to eliminate certain types of debts and regain financial stability. In many cases, a person will pursue a Chapter 7 bankruptcy, since this will allow debts to be discharged fairly quickly. However, this type of bankruptcy may require a person to turn over certain assets that he or she owns. Those who are considering this option will need to understand what types of assets may be liquidated during bankruptcy and what exemptions may apply.

 

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McHenry County bankruptcy attorneyThe word bankruptcy may bring about feelings of financial ruin or destitution. However, more people file for bankruptcy than you might expect, especially during these uncertain times. A lot of people have lost their jobs as a result of the COVID-19 pandemic since many non-essential businesses are closed. There are remedies when it comes to resolving financial problems. Bankruptcy has many advantages, such as reducing or eliminating your debts. It can also protect your home from being foreclosed on and keep bill collectors from constantly contacting you. However, there can be long-term consequences to your credit score, which may hinder your ability to take out loans in the future. It is important to understand the bankruptcy process to determine if it is a viable option for you.

Chapter 7 & Chapter 13 Bankruptcy

Individuals typically file for either Chapter 7 or Chapter 13 bankruptcy. Chapter 11 bankruptcy is primarily used for businesses. Most people file for Chapter 7 bankruptcy, which is also known as a straight bankruptcy or a liquidation. The court designates a trustee who has the authority to sell your property and use the profits to pay back any creditors, upon which the debts are discharged. However, certain types of property that are considered essential or necessities can be exempt from liquidation, such as a vehicle, clothing and household items, tools of a trade, pensions, and a home’s equity.

Chapter 13 bankruptcy is slightly different in that it uses a court-approved plan for you to repay all or part of your debts over a three- to five-year period. Depending on the circumstances, some debts may still be discharged. Chapter 13 bankruptcy may help if you are a homeowner and want to avoid foreclosure as long as you can make scheduled payments. Specific types of debts or financial obligations do not apply to bankruptcy, including child supportspousal maintenance, student loans, and certain tax obligations.

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McHenry County bankruptcy attorneyGetting a divorce can be stressful, not only emotionally, but financially as well. If one spouse did not work during the marriage, the thought of being on his or her own can be particularly daunting. In some marriages, one spouse may have dissipated or hid assets, or even accumulated a significant amount of debt. In addition to property and assets, any marital debt will need to be divided equitably in an Illinois divorce. If you are struggling to make ends meet, filing for bankruptcy before your divorce may put you in a better financial situation in the future. However, although the Illinois divorce court can determine issues such as child custody, parenting time, child support, and spousal maintenance, it cannot divide property in the bankruptcy estate. In some cases, bankruptcy proceedings can delay the division of property in divorce proceedings.

What Are the Different Types of Bankruptcy?

Bankruptcy is a legal process that essentially allows an individual who has any debts that are more than his or her assets to start over financially. The debts can be reorganized to make them easier to pay, such as dividing the debts into smaller amounts that can be paid over a longer timeline. In other situations, the debts may be eliminated completely.

In Illinois, there are four legal types of bankruptcy that involve consumers, but most people file bankruptcy under Chapter 7 (liquidation) or Chapter 13 (reorganization). In a Chapter 7 bankruptcy, debts are paid by the profits from the sale of the property, and any outstanding debts are completely erased. In Chapter 13 bankruptcy, debts are reorganized into a repayment plan that is affordable.

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Posted on in Bankruptcy

Illinois loan modification lawyerYou may take out loans to purchase various items throughout your lifetime, such as a car, a house, or to pay for your child’s college tuition. A loan modification involves modifying the terms of an existing loan, typically to make it more affordable for you as a borrower who might be in danger of defaulting, sometimes due to a scheduled rate increase or a job loss. For instance, you might want to pursue this route to avoid foreclosure on your house. It is important to note that a loan modification is not the same as refinancing a mortgage. In certain situations, you may also be allowed to file for bankruptcy. By combining these efforts, or by simply electing one of these options, you may be able to keep your home by lowering mortgage payments, avoiding default, and obtaining a way out of debilitating debt. A skilled lawyer can help ensure you take the correct legal steps to secure a promising financial future.

The Terms of the Loan

Typically, any type of loan comes with terms that outline how and when it should be paid by the borrower. Here are a few examples of the terms that can be amended through a loan modification:

  • Adjusting the interest rate to a fixed percentage
  • Changing the principal amount borrowed
  • Modifying the duration of the loan
  • Altering the monthly payment
  • Temporarily suspending loan payments
  • Adding the past due balance on the back end of the loan

Qualifications for a Loan Modification

A modification changes the terms of a current loan. It does not require the same level of credit rating that may be needed for refinancing, but you must show that you have enough income to make the altered payments, even if they are lowered. You may qualify for an Illinois loan modification on your mortgage if:

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