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Civil Litigation
Although Collin Law Offices, P.C. primarily concentrates in the areas of divorce and criminal defense, the firm also accepts bankruptcy, personal injury, and immigration and deportation cases.
Bankruptcy
It is a fact of modern life that a majority of Americans now live with substantial debt. If you feel that your debt load has become insurmountable, it is important that you evaluate all of your legal options by contacting an attorney today.
Have you thought of filing bankruptcy? Did you have questions and couldn’t identify a trusted legal professional to turn to for the answers? Collin Law Offices P. C. can help you understand Title 11 of the United States Code, commonly referred to as the Bankruptcy Code.
Q: What is a bankruptcy filing?
A: Individuals can file for bankruptcy in a federal court under Chapter 7 ("straight
bankruptcy", or liquidation) or Chapter 13 (a "reorganization", or a debt adjustment case). (Although individuals can technically file Chapter 11 bankruptcies, those filings are rare.) In a Chapter 7 bankruptcy, the individual is allowed to keep certain exempt property. Some liens, however (such as real estate mortgages and car loans), survive. The value of property which can be claimed as exempt varies from state-to-state. Other assets, if any, are sold (liquidated) by the interim trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7. Common exceptions to discharge include child support, income taxes less than 3 years old and property taxes, most student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is likewise not covered by a bankruptcy filing.
Another aspect to consider is whether the debtor can avoid a challenge by the United States Trustee to his or her Chapter 7 filing as abusive. One factor in considering whether the U.S. Trustee can prevail in a challenge to the debtor's Chapter 7 filing is whether the debtor can otherwise afford to repay some or all of his debts out of disposable income in the five year time frame provided by Chapter 13. If so, then the U.S. Trustee may succeed in preventing the debtor from receiving a discharge under Chapter 7, effectively forcing the debtor into Chapter 13.
Illinois bankruptcy exemptions (see chart below)
ASSET |
EXEMPTION DESCRIPTION |
LAW SECTION |
HOMESTEAD |
Real or personal property including a farm, lot and building, condo, co-op or mobile home to $7,500; sale proceeds exempt 1 year from sale |
735-5/12-901, 735-5/12-906 |
|
Homestead exemption after death or desertion of one spouse for benefit of remaining spouse and/or minor children - (Limit 7,500/7,500) |
735-5/12-902 |
|
Husband and wife may double |
First National Bank v Mohr 515 N.E. 2d 1356 (App. Ct. Ill. 1998) |
PERSONAL PROPERTY |
Bible, family pictures, schoolbooks and needed clothing |
735-5/12-1001(a) |
|
Health aids |
735-5/12-1001(e) |
|
Motor vehicle to $1,200 |
735-5/121001(c) |
|
Personal injury recoveries to $7500 |
735-5/12-1001(g)(4) |
|
Proceeds of sold exempt property |
735-5/12-1001 |
|
Title certificate for boat over 12 feet |
652-45/3A-7 |
|
Wrongful death recoveries needed for support |
735-5/12-1001(h)(2) |
INSURANCE |
Fraternal benefit society benefits |
215-5/299.1a |
|
Health or disability benefits |
735-5/12-1001(g)(3) |
|
Homeowners’ proceeds if home destroyed, to $7,500 |
735-5/12-907 |
|
Life insurance, annuity proceeds or cash value if beneficiary is insured’s child, parent, spouse or other dependent |
215-5/238 |
|
Life insurance policy if beneficiary is insured’s spouse or child |
735-5/12-1001(f) |
|
Life insurance proceeds if clause prohibits from being used to pay beneficiary’s creditors |
215-5/238 |
|
Life insurance proceeds needed for support |
735-5/12-1001(f), (g)(3) |
MISC. |
Alimony, child support needed for support |
735-5/12-1001(g)(4) |
|
Property of business partnership |
805-205/25 |
PENSIONS |
Civil service employees |
40-5/11-223 |
|
County employees |
40-5/9-228 |
|
Disabled firefighters; widows and children fo firefighters |
40-5/22-230 |
|
ERISA-qualified benefits |
735-5/12-1006 |
|
Firefighters |
40-5/4-135, 40-5/6-213 |
|
General assembly members |
40-5/2-154 |
|
House of correction employees |
40-5/19-117 |
|
Judges |
40-5/18-161 |
|
Municipal employees |
40-5/7-217(a), 40-5/8-224 |
|
Park employees |
40-5/12-190 |
|
Police officers |
40-5/3-144.1, 40-5/5-218 |
|
Public employees |
735-5/12-1006 |
|
Public library employees |
40-5/19-218 |
|
Sanitation district employees |
40-5/13-808 |
|
State employees |
40-5/14-147 |
|
State university employees |
40-5/15-185 |
|
Teachers |
40-5/16-190, 40-5/17-151 |
PUBLIC BENEFITS |
Aid to aged, blind, disabled, AFDC |
305-5/11-3 |
|
Crime victims’ compensation |
735-5/12-1001(h)(1) |
|
Restitution payments on account of WWII relocation of Aleuts and Japanese Americans |
735-5/12-1001(12)(h)(5) |
|
Social security |
735-5/12-1001(g)(1) |
|
Unemployment compensation |
735-5/12-1001(g)(1), (3) |
|
Veterans’ benefits |
735-5/12-1001(g)(2) |
|
Workers’ compensation |
820-305/21 |
|
Workers’ occupational disease compensation |
820-310/21 |
TOOLS OF TRADE |
Implements, books and tools of trade to $750 |
735-5/12-1001(d) |
WAGES |
Minimum 85% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors |
740-170/4 |
WILD CARD |
$2,000 of any personal property |
735-5/12-1001(b) |
|
Includes wages |
In re Johnson,
57 B.R. 635 (N.D. ILL 1986) |
We are considered a Debt Relief Agency as defined by the new Federal Bankruptcy Laws. We are committed to helping people find solutions to their financial problems, which may include the filing of a bankruptcy case.
Personal Injury
In Illinois, the Statute of Limitations for personal injury cases is two years. What this means to you is that a litigant has two years from the date of injury to file a personal injury suit. Consequently, if you have been injured, it is imperative that you contact an attorney immediately. Attorney Collin has the trial experience to help you get the results you deserve. If your case is particularly complex, we can refer your case to a list of qualified personal injury attorneys the firm regularly associates with. If we do accept your personal injury case, there is no up front fee required. Collin Law Offices, P.C. will work on a contingency basis and will only be paid a percentage of the judgment if we prevail. If you have been injured, it is important that you call our offices and meet with an attorney to discuss your case. Give us a call today to review your options. (312) 263-1252.
Immigration Deportation DefenseIf you are either in the United States illegally or are a lawful permanent resident who has committed a crime in this country, you may be subject to deportation proceedings. That being said, immigration laws are some of the most complex in the United States, and must be navigated carefully. There are many conditions and exceptions that may be utilized in asserting a defense in a deportation proceeding, and Collin Law Offices, P.C. can aggressively advocate on your behalf. If you have recently been served with a notice to appear or are already in immigration custody, it is important that you or your family contact an attorney immediately to discuss your case. Call today (312) 263-1252.
Although not exhaustive, the following is a list of conditions that are grounds for deportation:
Aliens who were not admissible at the time of entry or adjustment of status, or who have otherwise violated their status, such as those who have worked without authorization or have overstayed their time in the United States.
Aliens who have been convicted of a crime involving moral turpitude committed within five years after the date of admission, where the maximum sentence, which could be imposed for the crime, is one year or longer, is subject to deportation. Also, an alien who at any time after admission is convicted of two or more crimes involving moral turpitude is subject to deportation.
An alien who has failed register a change of address, or for any conviction related to the use of false documents, or for falsely claiming US citizenship is subject to deportation.
An alien who has violated United States security, engaged in terrorist activities, engaged in actions which could have potentially adverse foreign policy consequences for the United States, or if he or she has engaged in Nazi persecution or genocide is subject to deportation.
Any alien who becomes a public charge within five years of entry, from a cause that did not arise after entry, is subject to deportation.
Any alien who has voted in violation of any Federal, State, or local law is subject to deportation. |
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