Legal Question in Bankruptcy in Illinois

I owe more on my home than it is worth and included is a HELOC. The bank is seeking repossession through foreclosure and that process is winding down. I have other debt (credit card) that has also become difficult to pay (because of lose of income).

I am considering filing Chapter 7. I want to be sure that if I do file Chapter 7 that all the debt, including deficiency judgment and HELOC are wiped away. Is the best time to file Chapter 7 before foreclosure or after?

Any information will be greatly appreciated.

In Debt in Illinois


Asked on 3/06/10, 3:05 pm

2 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

There is no "best time." There are a number of factors you need to look at. 1. Have you filed a bankruptcy in the last 8 years, 2. What is the current income of you and your spouse, 3. How many people live in your household, 4. what is your secured debt 5. How long would you like to live in your current house.

I you can answer these questions, then you can determine the best way to go. Generally, in Cook county, you can liven in your house for 12 months after the foreclosure process starts.

Call me with any questions joe michelott 630 928 0100. If you want more info on bankruptcy email me [email protected]

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Answered on 3/11/10, 3:27 pm
Frank Vosholler Law Office of Frank L. Vosholler III

Well you may try a short sale which I can help you out with and save yourself from filing bankruptcy. However, if your credit card debt is large I would recommend just filing bankruptcy a few weeks before foreclosure sale is about to happen to save you some money. However, be careful not to save too much money as there is only so much we can protect in the bankruptcy.

Please check out my website at www.chapter7today.com for more information, or call me at 708-341-2060 and ask for Frank. I am not to far from your area and am willing to meet you near your home.

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Answered on 3/11/10, 8:41 pm


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