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Recent Blog Posts
What Can Creditors Do After I File for Bankruptcy?
Bankruptcy is a legal process that can help redeem someone from overwhelming debt. If a person files for Chapter 7 bankruptcy, his or her assets are liquidated and used to pay back creditors. If a person files for Chapter 13 bankruptcy, he or she works out a court-approved repayment plan to pay back creditors over three to five years. In either case, the court process can take several months.
Within that time, creditors would still be able to pursue the filer if not for a concept called the "automatic stay." The automatic stay stops creditors from collecting debts, but only up to a point. For more details or for any bankruptcy matters, consult an Illinois bankruptcy attorney.
What Is the Automatic Stay in Bankruptcy?
When a debtor files for bankruptcy, it triggers the automatic stay. This law keeps creditors at bay by prohibiting them from pursuing the borrower for certain debts and preventing them from engaging in collection efforts. The automatic stay, for example, protects the filer from:
4 Common Questions About Power of Attorney in Illinois
A power of attorney allows a person (the principal) to appoint someone else (the agent) to perform certain actions or make certain decisions on his or her behalf. It is an excellent legal tool used in various situations that can help protect someone’s health and finances. A principal may grant an agent authority to make decisions regarding his or her healthcare, for example, or to complete financial tasks. Creating a power of attorney requires careful attention to detail, which is why it should be drafted by an experienced Illinois estate planning attorney.
Although a POA is a useful legal instrument, it is often misunderstood. Here are four questions people often ask about POAs in Illinois.
Does a POA Grant an Agent Unlimited Authority?
An agent’s power is limited to the scope of authority you define in the power of attorney document. This could include broad authorizations like making decisions about your health or more specific ones like signing a contract on your behalf. An important thing to remember is that agents have a fiduciary duty to act in their principals’ best interests, so they can only make decisions or perform tasks that benefit them.
How Can a Tenant Challenge an Eviction for Non-Payment?
One of the most common reasons landlords evict tenants is failure to pay rent. However, eviction is often a frustrating procedure that must follow a strict legal process. And even if that process is followed, tenants can still present legal challenges to the eviction.
Understanding the legal defenses a tenant can use is an important first step toward a successful eviction. In this article, we will discuss the eviction procedure and some of the legal arguments tenants can bring during the eviction process. For an effective eviction, consult an Illinois residential real estate lawyer who can guide you through the legal steps.
How Does the Eviction Process Work?
A landlord who wants to evict a tenant must follow a specific procedure that contains the following steps:
How Can I Become a Guardian in Illinois?
When a person becomes incapacitated, Illinois law allows a third party to be appointed a guardian over that person, who is referred to as the "ward." The guardian can fill one or both of the following roles:
- Guardian of the person: The guardian makes personal decisions for the ward, including those concerned with the ward’s health and living arrangements.
- Guardian of the estate: The guardian has decision-making power over the ward’s property and finances.
However, becoming a guardian over someone requires adhering to a strict legal process, and there is no guarantee — even for the ward’s relatives — as to who the court will choose as a ward’s guardian. A great way to ensure you have the best chance of being granted guardianship is to hire an Illinois guardianship attorney.
How Is a Guardian Chosen?
Guardianship is granted by the court to someone who the judge feels will serve the ward’s best interests. This can be a family member, close friend, or if no one who qualifies is available, the Illinois Office of State Guardian.
4 Important Considerations Before Buying a Home in Illinois
Buying a home is a major part of living the "American dream." When people feel they are finally ready to take that step, it is exciting and overwhelming at the same time. It is a major investment that requires a lot of thinking, research, and, of course, financial assets, and it is not a decision that anyone should rush into. While a home purchase will always be costly, there are certain things you should consider to help you decide whether a specific property is worth it for you. This article will review four considerations that can aid in this big decision. If you believe you are ready to buy a home, contact a Geneva, IL real estate lawyer who can review your options and help you make informed decisions.
Financial Readiness
Before you can even think about buying a home, you need to take the time to understand your financial situation so you can assess whether this is a step you are ready to take. Some things you might want to do as you estimate your financial readiness include:
Evicting Tenants in Illinois
Renting out your property is a risk. On the one hand, it can be an excellent way to earn some income. On the other hand, you might have tenants who fail to pay their rent, cause undue damage to your property, violate the terms of the lease, or even commit crimes inside it. However, you should never seek to kick them out of your property. There are rules and regulations about exactly when and why someone can be evicted, and if your situation is suitable for eviction, the authorities can help ensure that your property is vacated. Do not take matters into your own hands. If you believe you have grounds to evict your current tenant from your property, speak with a skilled DuPage County, IL residential real estate attorney to understand your options.
Eviction Timeline
When you want to evict a tenant, you need to send him a notice of intent. Sometimes, the tenant will understand the note and leave without further ado. It is much better for someone to simply leave an apartment than have an eviction on their record, and this is enough motivation for some people to remove themselves. If that happens, there are no further measures required.
Differences between Revocable and Irrevocable Trusts in Illinois
When you sit down to think about how you want your finances and assets organized to benefit others when you are no longer alive, you might feel overwhelmed by all the new information you find. Most people are familiar with the concept of a will, but when the time comes to put your affairs in order, you learn that there are many estate planning options available. For example, if you want to arrange for your assets to be put into a trust, you can do so in a revocable trust and an irrevocable trust. This article will explain some differences between the two, but if you think you are ready to start making these kinds of arrangements, let a knowledgeable Kane County, IL estate planning attorney advise you.
What Are Revocable Trusts?
Otherwise known as “living trusts,” a revocable trust is not set in stone. You can modify or revoke it if you feel the need. This is an attractive option for people who want to start making an estate plan but expect some changes in the future.
Will All My Assets Be Liquidated in a Chapter 7 Bankruptcy?
It can be extremely difficult to make ends meet. The cost of living keeps going up, but finding a job with a decent salary keeps getting harder and harder. Sometimes, people simply cannot pay their bills and end up in overwhelming debt. When that happens, they might face bankruptcy. In a Chapter 7 bankruptcy, your assets are liquidated in a process that helps you cover your costs, emerge from debt, and start fresh. If Chapter 7 bankruptcy seems like an inevitable step for you, speak with a qualified Geneva, IL bankruptcy attorney to find out which of your assets might be safe from liquidation.
What Are the Exemptions to Liquidation?
The word bankruptcy is taboo nowadays, with people mistakenly believing it means you need to give away any money and assets you have. It carries the negative connotation of being a punishment for going into debt. The truth is that bankruptcy is more like an opportunity. It gives people the chance to clear their debt and start fresh.
How Does Power of Attorney Work in Illinois?
A common fact of life is that you can never know what the future holds. That is why people might sign a prenuptial agreement even if they are sure they and their future spouse will live happily ever after, get insurance policies to cover the costs of things they hope they will never actually need, and prepare wills even if they are not dying.
While planning for possible hardships like these forces you to consider things you would probably rather push out of your mind, it can pay off in the future if they ever become relevant. When you are dealing with the distress of any of these scenarios, you will likely be grateful that you had thought to make these plans back before they were necessary because they can take some of the stress away in the moment of crisis.
This is the same reason why people will formally establish power of attorney. It is not nice to think about a future where you are incapable of expressing your wishes and making your own decisions, but making a plan just in case you are incapacitated is integral to an estate planning process. If you have been considering giving someone power of attorney, an experienced DuPage County, IL estate planning lawyer can help you understand what you should take into account in making this important decision.
What Happens to My Credit After Bankruptcy?
Filing for bankruptcy can be an upsetting experience and many people try to avoid doing so at all costs. However, if you are overextended and unable to pay the money that you owe, bankruptcy is a way to help that can offer some breathing room as you try to get out of your debt and become financially stable. Some misconceptions about bankruptcy make people hesitant to file, for example, that once you have filed for bankruptcy, your credit will be tarnished forever, and you will never be able to get a loan. The truth is that there is hope after bankruptcy. An experienced Geneva, IL bankruptcy attorney can explain why and how you might get there too.
Is It Possible to Have Credit After Filing for Bankruptcy?
As a general rule, bankruptcy tends to stay on your record for seven years following the conclusion of your process, and it will affect your credit during these years and for some more years to follow. However, if you make consistent efforts to pay off the debts that put you into bankruptcy and to avoid debt going forward, the impact of your bankruptcy will slowly start to get smaller and smaller.
From our office in Geneva, Illinois, we serve clients throughout the region, including the communities of St. Charles, Batavia, Aurora, Elgin, Elburn, Sugar Grove, North Aurora, South Elgin, West Chicago, Fox Valley, Winfield, Wayne, Big Rock, Naperville, Wheaton, and Downers Grove, as well as other municipalities in Kane County and DuPage County.
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