Bankruptcy

 

 

 

 

 
 
 
 
 

 Paul G. Chiligiris, Attorney at Law
 Johnson, Stricklin, 
 Waller &  Chiligiris 
 412 South Franklin Street
 Decatur, IL 62523-1388

 Tel: 217-422-2280
 Fax: 217-422-0622
 Email: paul@chiligiris.com
 Web: www.chiligiris.com

 


BANKRUPTCY LAW IS A FEDERAL LAW. THIS SITE WILL GIVE YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATION HERE IS NOT COMPLETE. YOU MAY NEED LEGAL ADVICE.

- What is the bankruptcy discharge and how does it operate?

- What is the reaffirmation agreement

- Exempt property


When you file bankruptcy, you can choose the kind of bankruptcy that best meets your needs:

  1. Chapter 7 - A trustee is appointed to take over your property. Any property of value will be sold or turned into money to pay your creditors. You may be able to keep some personal items and possibly real estate depending upon the law of the state where you live. I have listed property you can keep in Illinois in the Section listed except properties, below.
  2. Chapter 13 - You can usually keep your property, but you must earn wages or have some other source of regular income and you must agree to pay part of your income to your creditors. The Court must approve your repayment plan and your budget. A trustee is appointed and will collect the payments from you, pay your creditors, and make sure you live up to the terms of your repayment plan.
  3. Chapter 12 - Like chapter 13, but it is only for family farmers.
  4. Chapter 11 - This is used mostly by businesses. In Chapter 11, you may continue to operate your business, but your creditors and the court must approve a plan to repay your debts. There is no trustee unless the Judge decides that one is necessary; if a trustee is appointed, the trustee takes control of your business and property.

If you have already filed bankruptcy under Chapter 7, you may be able to change your case to another chapter.

Your bankruptcy may be reported on your credit record for as long as ten years. It can affect your ability to receive credit in the future.

 


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