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Waukegan Bankruptcy Law Blog

Man: creditors humiliated me, wrongfully took car

People who face bankruptcy are often treated unfairly by their creditors. Whether the creditors are harassing borrowers through phone calls, visits or threats, their actions can have negative repercussions for those who are seeking financial relief. Creditors sometimes even illegally repossess property, violating financial contracts and harming their clients' welfare. A complicated case in Illinois illustrates the abuses that can be brought against an individual who is seeking personal bankruptcy.

A Madison County, Illinois, man has filed a suit against a lender after he said the firm took his vehicle because he made only one late payment. The man says that representatives from the group violated the law when they visited his apartment complex. The people who came to retrieve the vehicle are accused of pounding on neighbors' doors, causing severe disturbances and publicizing the man's financial woes.

Illinois distributes foreclosure funds

Do you remember when the nation's largest lenders were brought to task for their fraudulent foreclosure practices? One of the worst offenses the banks employed was "robo-signing," a process that automatically notarized documents without formal review. People who thought their bank was working with them to modify a mortgage were still subjected to foreclosure, and the practice eventually led to a multi-billion dollar settlement.

Illinois' share of the settlement money amounts to more than $20 million, an amount that the state attorney general has pledged to homeowners who find themselves financially struggling in the face of foreclosure. Millions of dollars will be provided to state-funded legal services that help prevent foreclosure, said Attorney General Lisa Madigan. Prairie State Legal Services, one of the state's largest organizations of its kind, will receive more than $9 million over the next three years. That money will be used to help homeowners navigate or avoid foreclosure proceedings.

Illinois officials speaks out on student loan debt

Recent reports say student loan debt has risen to $870 billion, which exceeds credit card debt and auto loan debt in the U.S., according to analysts' reports. This could likely prompt the need for massive debt relief. The National Association of Consumer Bankruptcy Attorneys has called the matter a "debt bomb," arguing that it could become the next mortgage crisis.

Illinois Attorney General Lisa Madigan testified during a March 20 congressional hearing that student loan debt poses a growing threat to the stability of the American economy.

Abbey operator faces bankruptcy, criminal charges

An Illinois man who was scheduled to appear in bankruptcy court in a neighboring state has been prohibited from following court orders due to pending criminal charges. The man, who faces Chapter 7 bankruptcy proceedings, cannot leave Illinois because of the criminal charges he faces there.

The man, a monk who had served as the head of an abbey, was scheduled to appear in court to challenge a proposal that would result in the sale of the abbey's property.

Foreclosure workshops help Chicagoans keep homes

Chicago has the second-highest foreclosure rate in the nation, and the state of Illinois has the eighth-highest rate nationwide. This situation has prompted state housing officials to begin a new initiative designed to help homeowners who face foreclosure.

Six regional workshops have been scheduled by the Illinois Foreclosure Prevention Network. The first meeting was held early this month, and it was called "Keep Your Home, Illinois." Organizers say they were shocked at the overwhelming response to the first workshop, which was held at a high school auditorium in the Chicago suburb of Berwyn. Nearly 800 distressed homeowners attended the class, during which the Illinois governor, Berwyn mayor and other high-ranking officials spoke about the housing crisis.

Personal filings in northern Illinois fall, even as national figures inch up

Personal bankruptcy filings in northern Illinois are falling even as national numbers continue to creep upwards, but local bankruptcy experts caution Chicagoland readers not to think this means our local economy is booming or that local residents are doing much better than people elsewhere.

During the first three months of 2012, the number of people who filed for personal bankruptcy fell by about 4 percent when compared to the same timeframe in 2011. Bankruptcy filings in northern Illinois hit their peak in 2010 and have been on the downslope since 2011.

Now, one reason for this could be that by 2010, all the people who were able to file for bankruptcy had done so and these days, people who need to file for bankruptcy have not been able to scrape together the money necessary to file. That would indicate, of course, that there is a pent-up backlog of people who need to file for bankruptcy but simply cannot.

First Circuit allows "fee-only" bankruptcy plan

Bankruptcy is a tricky process to navigate, and most people opt to enlist the aid of an attorney. It can be an expensive process, and the nature of the situation is usually that the debtor cannot afford the attorney's fee. In Chapter 7 bankruptcy -- the most common -- assets are liquidated and the proceeds are distributed to creditors. The lawyer's fee, however, cannot be paid from those funds in the majority of cases.

To get around this, an attorney may suggest Chapter 13 bankruptcy. In Chapter 13, a repayment plan is made and monitored by the court. Payments are made over the next three to five years.

How to handle debt, big or small

Debt is a problem on both a national and personal scale. Unemployment remains high, many people have gone through or are threatened by foreclosure, and consumers are looking for a solution to all kinds of debt. From pinching pennies to filing for bankruptcy, people in debt need to know what their options are.

For people who owe debt in the low thousands, it is often manageable by just being more mindful of the budget. Reducing expenses, making the highest possible payments on credit card debt and other tactics can really put a dent in lower amounts of debt.

Bankruptcy: Two common myths

Two of the most common myths about personal bankruptcy center on one topic: the damage that bankruptcy can do to your credit score. Most people don't realize, however, that bankruptcy can sometimes be a more palatable option than standing by while your financial situation spirals out of control.

The first myth is that bankruptcy creates such a black mark on your credit report that there's no recovering from it and buying a home is out of the question.

The rich face foreclosure too

Homeowners in Illinois and across the country are facing foreclosure, and the rich are no exception. In fact, homeowners with multi-million dollar homes are losing their homes to foreclosure at an even faster rate than those with less valuable homes. Foreclosure rates for homes valued at more than $2 million have jumped 273 percent since 2007.

The CEO of RealtyTrac said that he expects more homes to be foreclosed in 2012 than were in 2011. Last year, more than 36,000 homes valued at more than $1 million were in some stage of foreclosure. One couple, who faced bankruptcy and is now trying to sell their home before it gets taken in foreclosure, has learned this the hard way.