Category: Illinois
By Andy Miofsky, Illinois Bankruptcy Attorney
closeAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.abankruptcylawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer from Granite City Illinois representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (124) on Jun 26, 2009 in Bankruptcy Practice and Procedure, Illinois | 0 Comments
When an insurance policy pays a damage claim for a totaled car that is involved to a chapter 13, the bankruptcy trustee is required to hold excess money over the amount of the lender’s secured claim according to In re Feher, Southern District of Illinois case Bankruptcy Number 95-30444, Adversary Number 96-3133. Consequently, the money [...]
By Andy Miofsky, Illinois Bankruptcy AttorneycloseAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.abankruptcylawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer from Granite City Illinois representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (124) on Jun 26, 2009 in Bankruptcy Practice and Procedure, Illinois | 0 Comments
In the Southern District of Illinois Bankruptcy Court, one option permits the insurance company to pay the money directly to the car lender. Another option lets the debtor use the proceeds to purchase a substitute vehicle.
The insurance money is property of the bankruptcy estate under contractual terms that make the money payable to the debtor, [...]
By Chip Parker, Jacksonville Bankruptcy Attorney
closeAuthor: Chip Parker, Jacksonville Bankruptcy Attorney
Name: Chip Parker, Jacksonville Bankruptcy Attorney
Email: parker@jaxlawcenter.com
Site: http://www.jaxlawcenter.com
About: See Authors Posts (93) on Jun 15, 2009 in Illinois, Your Bankruptcy Attorney & You | 0 Comments
Bankruptcy and Foreclosure Defense attorney Andy Miofsky announces the opening of his new office in Mt. Vernon Illinois.
“Clients from deep Southern Illinois are driving 90 minutes or more to my Granite City office for a consultation, so I know there is a need that isn’t currently being met in that area,” reports Andy Miofsky. “I [...]
By Andy Miofsky, Illinois Bankruptcy AttorneycloseAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.abankruptcylawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer from Granite City Illinois representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (124) on May 5, 2009 in Bankruptcy Practice and Procedure, Discharge of Debt, Illinois | 0 Comments
You must request a discharge in Chapter 13 and certify your eligibility for that discharge or your case will be closed and your debts will remain collectable.
Your Chapter 13 Trustee will report when you have finished making your Plan payments. You then have 20 days to file a Motion, under Section 1328 and Rule 2002f asking the [...]
By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
closeAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Feb 16, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Illinois | 0 Comments
Must creditors be paid in less than 5 years in a 100% chapter 13 plan? We don’t yet know.
By David Leibowitz, Illinois and Wisconsin Bankruptcy AttorneycloseAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Jan 29, 2009 in Exemption Issues, Featured, General Bankruptcy Information, Illinois, Tax Issues, Wisconsin | 0 Comments
Tell your bankruptcy attorney if you are expecting an income tax refund or economic stimulus payment.
By Wendell Sherk, Missouri Attorney
closeAuthor: Wendell Sherk, Missouri Attorney
Name: Wendell Sherk, Missouri Attorney
Email: wjsherk@alum.wustl.edu
Site: http://www.stlbankruptcy.com
About: I have been a bankruptcy attorney since 1989. Our firm represents consumers filing bankruptcy almost exclusively. My partner and I have each represented bankruptcy trustees as well as creditors. If you live in Eastern Missouri, visit our website, send an e-mail or give us a call (314) 781-3400. Please mention Bankruptcy Law Network.See Authors Posts (106) on Jan 27, 2009 in Bankruptcy Practice and Procedure, Illinois, Missouri | 0 Comments
The 2005 amendments to the Bankruptcy Code created a very complex rule to discourage folks from moving around the country to protect more property. But the same amendments encourage people to do so if it helps avoid that same law.
One aspect of the law we have come to hate is the change to discourage folks [...]
By David Leibowitz, Illinois and Wisconsin Bankruptcy AttorneycloseAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Jan 26, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Illinois, Your Bankruptcy Attorney & You | 0 Comments
Judge Wedoff of the United States Bankruptcy Court for the Northern District of Illinois has issued an opinion where he tries to harmonize conflicting opinions about what constitutes “projected monthly income.” This is highly important in determining how much a debtor has to pay under a plan.
By David Leibowitz, Illinois and Wisconsin Bankruptcy AttorneycloseAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Jan 8, 2009 in Chapter 7 Bankruptcy, Exemption Issues, Illinois, Tax Issues, Wisconsin | 1 Comment
Do you get to keep your tax refund when you file for bankruptcy?
Many people who are thinking about bankruptcy at this time of year forget that their income tax refunds are a valuable asset. If you file your bankruptcy case before you get your income tax refund, you may lose it.
If your income tax refund [...]
By Andy Miofsky, Illinois Bankruptcy AttorneycloseAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.abankruptcylawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer from Granite City Illinois representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (124) on Jan 3, 2009 in Bankruptcy Cases & Legislation, Illinois | 0 Comments
My colleague David Leibowitz of Chicago posted about a fresh 7th Circuit Court of Appeals case, In re Belcher, which denied a homestead exemption under Illinois law to a spouse as to real estate that was titled in his spouse’s name only but not in his name. This case will expose real estate equity to [...]
