This is a question that comes up frequently in my practice. A person owns a closely-held business, with one or two owners, usually a Husband and Wife. They call, explaining that the business cannot pay its suppliers, lenders, landlords, lines of credit. They ask “Can I just file Bankruptcy for the Business? I don’t want to file for personal bankruptcy.” The thought is that the debts are just for the business anyway, and I shouldn’t have to file bankruptcy myself. That’s why I set up this fancy corporation or LLC! Almost always, a bankruptcy for the Owner(s) is the best
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If I file for Bankruptcy Protection, Do I have to Include all of my Debts? Yes!
One of the most common questions that people have when they are considering filing for bankruptcy is whether they have to include all of their debts in their bankruptcy case. The answer is yes, you do. I do not know why almost every client that I see thinks that they can keep some debts out of the Bankruptcy. It might be because people don’t know what “include in Bankruptcy” means. When you file Bankruptcy, you have to provide the Court, on your Bankruptcy Petition, a list of every company or person you owe. However, just because a debt is “included”
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The IDR Waiver: A Game-Changer for Student Loan Forgiveness
Lately, there have been very important developments in the world of Federal Student Loan Repayment Plans. This program was set to expire at the end of 2023, but it has been extended. The IDR Waiver, also known as the IDR Account Adjustment, is a significant development for federal student loan borrowers. Announced by the Biden administration, this one-time account adjustment aims to provide relief and streamline the forgiveness process. Go to StudentLoanLawChicago.com if you or someone you know has Federal Student Loan. Let’s dive into the details of what it means for borrowers and how you can take advantage of
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Eviction Mistakes to Avoid in Illinois
Navigating the eviction process can be challenging for Illinois landlords. There are nuances in the law and thorough procedures that must be followed. Making mistakes can delay evictions, lead to lawsuits, and cause significant financial harm. You should be aware of the biggest eviction mistakes. An Illinois lawyer can help you with the process so you do not make the wrong move.
Not Following Proper Notice Procedures
Illinois law requires landlords to formally notify tenants before filing for eviction. This includes serving the appropriate written notice form and waiting for the minimum notice period. For nonpayment of rent, a
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Empowering Borrowers: The First Month After the Student Loan Payments Resumed
The resumption of student loan payments has been a hot topic in recent months, as many borrowers felt the pressure of the impending restart of their financial obligations. For many, the COVID-19 pandemic brought financial uncertainty and relief in the form of temporary payment pauses. However, with the pause ending, borrowers have had to confront their student loan debt once again. This transitional period has been marked by both anxiety and hope, thanks to programs like those offered by Daniel J. Winter and StudentLoanLawChicago, and we have already helped many borrowers get back on track with their payment plans and
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Sidestepping Probate Pitfalls in Illinois
Going through a probate can be filled with pitfalls for grieving executors and beneficiaries. But an Illinois attorney can guide you through the complex process smoothly. Common mistakes can be avoided by understanding probate procedures, promptly securing assets, and maintaining meticulous records.
With legal representation, you can minimize disputes, delays, and disruptions when settling your loved one’s estate. You should be aware of key steps to sidestep probate problems and honor their legacy responsibly.
Understanding the Probate Process
Settling an estate through probate can be emotionally and legally challenging. Without guidance, even well-meaning executors and beneficiaries can stumble. A misstep
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The Automobile Financing Crisis
The average cost of owning a vehicle in 2022 was $10,728, about 17.5 percent of the median income for a household of one in the state of Illinois.
Macroeconomic Environment
Inflation
The macro-economic global environment is still experiencing fallout from many governments’ economic policies in response to the coronavirus pandemic which included, stimulus packages supporting individuals and businesses with direct payments, increase unemployment benefits, and grants to businesses. Additionally, the government mandated that many businesses shut down to stop the spread of the coronavirus through social interaction. These policies caused demand to increase and supply to decrease, causing a significant
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Can I Evict a Tenant in Illinois for Late Rent Payments?
As a landlord in Illinois, having tenants consistently pay late can be extremely frustrating. You may wonder what options you have to evict a tenant for chronically late rent with the help of an Illinois attorney. Here is what Illinois landlords need to know about evicting tenants for late rent payments.
Notice Requirements for Late Rent
Before a tenant in Illinois can be evicted for late rent, you must provide proper written notice. The notice must specify the amount owed and provide at least five days for the tenant to pay before you can file for eviction.
If the
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Debunking Common Misconceptions Regarding Chapter 7 Bankruptcy
Chapter 7 bankruptcy offers individuals overwhelmed by debt a fresh start. However, misconceptions often surround this legal process, leading to confusion and misinformation. Today, we will be debunking some of the most common misconceptions regarding Chapter 7 bankruptcy, empowering individuals with accurate knowledge and dispelling myths associated with this debt relief option. If you are considering filing for Chapter 7 bankruptcy, contact an experienced bankruptcy attorney to ensure you receive the critical legal guidance you need during this trying time.
Losing Everything
One significant misconception is that filing for Chapter 7 bankruptcy means losing all assets. In reality, exceptions exist
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How Can Radon Complicate the Sale of a Home?
Radon is a harmful substance that is found in the ground. Sometimes, radon can leach out of the ground and appear in the basement of residential homes. When a homeowner wants to sell, tests will usually be performed during the sale process to determine the home’s radon levels. If they come back showing high levels of radon, it can throw a wrench into the residential real estate transaction process. Deals can still go through, even with a high radon level, but they usually require some adjustment.
Radon Is a Dangerous Gas
Radon is a gas that is created when
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Federal Student Loan Pause is Ending-What Happens Next?
For millions of Student Loan Borrowers, it’s been 3 years since they have been required to make payments on their Federal Student Loans. Also, interest and collections were suspended. The U.S. Supreme Court decision on the Biden Student Loan cancellation program is expected by the end of June. For students who graduated in 2020 or later, they have not had to pay these loans at all! In preparation for the end of the pause, the administration has promised some flexibilities when they get re-started paying their loans. There will be more flexible ways to report a borrower’s income and
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Can I Buy a Car After Bankruptcy?
Many people who file for bankruptcy believe that they will never be able to get any kind of credit in the future. They believe that things like a new car are out of reach. It is possible to get car loans after bankruptcy, but you will need to pay more for it. A Geneva bankruptcy lawyer can advise you of the potential effects of declaring bankruptcy and what could happen in the following years.
You Can Get Some Types of Credit
In general, bankruptcy will remain on your record for seven years after the process concludes. The bankruptcy will continue
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FAQs Regarding Powers of Attorney in Illinois
For most adults, the prospect of being unable to make your own decisions is not something we want to consider. While this is understandable, incapacitation planning is still a crucial part of the estate planning process. Planning for the possibility of severe illness is important regardless of your age, health, or financial circumstances.
A power of attorney is an estate planning tool that lets you choose another individual to make decisions on your behalf should you become incapacitated. In this blog, we will answer some of the most common questions people have about powers of attorney in Illinois.
What Does
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The Forcible Entry and Detainer Process for Illinois Landlords
As a landlord, the last thing you want is to be forced to evict a tenant. Not only is the eviction process complicated and often expensive, landlords also must cope with the emotional toll that comes along with evicting someone from their home. At DLAW, PC we help landlords throughout the eviction process.
In Illinois, there is a specific process for eviction known as Forcible Entry and Detainer. This legal action allows landlords to regain control of their rental property when a tenant fails to comply with lease terms or pay rent.
Providing Notice of the Pending Eviction to
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Paying Your Debts v Filing Bankruptcy
What’s more important a credit score or the ability to save money?
Chapter 7 Bankruptcy is a quick and easy process to resolve a household budget ridden with credit card or medical debt, but is it better to pay off your debts than to have them discharged in bankruptcy?
Credit Score
The concern obvious to most is that Bankruptcy is going burden a person’s credit score for the length of time the record remains on their credit report. The formula to determine a credit score is not disclosed so
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Sophisticated Fraud Ensnares More Unsuspecting People
A new, disturbing trend is emerging today. In 2022, the FBI reported that $10 Billion was lost to online fraud, according to CNN. It’s not just the usual types of fraud you think of, such as ransomware (where a fraudster takes over your computer and says you need to pay money to get control back) or fishing (where someone clicks on an email or text link and enters their user name and password), or where someone asks the user to get gift cards to help them out of trouble. Or, the ever-popular tech support fraud, where the caller pretends to
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