Legal Question in Bankruptcy in Illinois

I filed for chapter 7 bankruptcy and it was final and debts discharged as of feb 1st 2011. i had a signature loan with credit union. they are taking me to small claims court in illinois? Can they do this?


Asked on 3/05/11, 10:59 am

2 Answers from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

The issue appears to depend on whether the described signature loan was included in the discharge. If the loan was included in your petition and discharged with other debts, you are not liable for such discharged debts. If it was not included, you must amend the bankruptcy to include the debt so that it can be discharged.

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Answered on 3/05/11, 11:03 am
Charles Dobra Charles Wm. Dobra, Ltd.

One has to assume that this debt was both listed on your schedules and was unsecured. If so, the litigation would violate the discharge injunction.

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Answered on 3/05/11, 11:08 am


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