Legal Question in Bankruptcy in Illinois

I am preparing to file chapter 7 asap. I am 68 yrs, hospitalized for a major operation 15 months ago, I have only my ss income, approx 1155. per month. Credit card and doctors, hospital bills have overwhelmed me. ~ Is it mandatory I keep sending payments or reduced payments while awaiting the court appt to begin, or would that be understood, acceptable ?

Asked on 4/26/13, 8:04 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Based on the information in your inquiry, you should cease all payments which you

intend to have discharged in Chap 7 BR. You should not show any preference in a

particular creditor, but stop making all payments and complete your petition to

reflect your financial situation when filing. You are required to take a credit

counseling course but you may need help in preparing the petition and

providing documents to the assigned trustee.

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Answered on 4/26/13, 9:11 am

Henry Repay Law Offices of Henry Repay

You are not required to make the payments. You should expect an increase in the volume of collection calls or other communications. If there are inappropriate communications, you should inquire with an attorney about Fair Debt Collection violations.

That said, from the description of your situation, you should carefully consider whether bankruptcy is necessary and, if so, when. It may be that even if you do not file, creditors will not be able to collect from you. So, what you would gain in filing is to stop the annoyance of their communications. If you are filing, the question would be whether you expect to have new bills in the coming months and if it make sense to wait as long as possible to file.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for November 2012 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 4/26/13, 11:22 am

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