Posted on March 20, 2020 in Bankruptcy

Chapter 7 bankruptcy is the most aggressive and fastest kind of bankruptcy available to individuals and married couples. It also gets called liquidation bankruptcy, as the courts can order the liquidation of assets as a means of repaying creditors during Chapter 7 proceedings.

Typically, those who successfully file for Chapter 7 bankruptcy can receive a discharge after the courts review their request, all without any requirement to repay their creditors. As a result, there are very strict limitations on who can file for Chapter 7 protection. In order to prevent abuse of this form of bankruptcy, it is necessary for individuals to pass a state-based means test prior to filing.

How does Illinois' means test work?

The basic premise of a means test involves comparing the individual's adjusted income to the state median income for their household size. The individual filing can make certain adjustments or reductions to their overall income for certain expenses, meaning that those who are quite close to or just over the income limit may still be able to pass the means test.

Continue Reading ››

 Posted on January 24, 2020 in Estate Planning / Probate

A will is an important part of any estate plan — but it doesn't have to be the focal point. Trusts have become increasingly popular vehicles for preserving wealth and passing it on to the next generation as people increasingly try to avoid the complicated (and expensive) process of probate.

There are a lot of different kinds of trusts out there, each suitable for different goals. If you're just starting to consider the usefulness of a trust as part of your estate plans, it may help to have a passing familiarity with the following kinds.

Revocable trusts

Revocable trusts are pretty much exactly what they sound like: You retain control over them during your lifetime and can end them at any point. Their chief advantage is their flexibility — and the fact that the assets inside them are distributed according to the trust's terms without going through probate.

Irrevocable trusts

Irrevocable trusts can't be dissolved after they're established — but that makes them hardy vehicles that can protect your assets against dissipation or misuse. They're also particularly useful at reducing estate and gift taxes.

Continue Reading ››

 Posted on January 17, 2020 in Estate Planning / Probate

The creation of an estate plan or last will is an important protection for both you and the people you love. Far too many people make the preventable mistake of delaying the creation of their estate plan indefinitely, which may mean that they died intestate or without a last will.

There are many different reasons why creating a last will sooner rather than later will benefit you, but there are three benefits that are nearly universal reasons to start estate planning now.

Your legacy may be how people remember you

You want to make a profound and lasting impression on people while still alive. Your legacy could include your professional, artistic or academic works, your family, or local community contributions, such as volunteerism or donating to charity.

While you can't control how people perceive you, you can control the legacy you leave behind when you die. The creation of an estate plan that considers the needs of the people you love and the change you like to make in the world can leave a lasting positive impression. From funding a trust to pay for your children's college to leaving money for a charity about which you are passionate, the options for your legacy are nearly endless.

Continue Reading ››

 Posted on January 09, 2020 in Estate Planning / Probate

Estate planning is never on anybody's list of "favorite things to do," but it's really important to have those plans in place — just in case something happens. However, choosing the right people to manage those responsibilities can be complicated, especially if you don't know what each person is supposed to do.

Here's what each person involved in your estate will need to do:

The executor

Your executor is the person who acts as your personal representative. Their job is to secure your assets, pay your debts and follow the distribution guidelines of your will. While that sounds fairly simple, it can sometimes put them into conflict with family members (especially if they aren't happy about the will). A good executor is someone who lives close enough to be practical and well-trusted.

A guardian

If you have minor children or a parent over which you have guardianship, someone will need to take charge of them after you are gone. While the final decision regarding guardianship is up to the court, your opinion does matter. Spelling out exactly who you trust to care for the people you love is essential.

Continue Reading ››

 Posted on January 08, 2020 in Bankruptcy

Medical debt is a serious problem for many people — even those who have insurance and are relatively stable, financially. A 2016 survey found that more than one-quarter of people in the United States have experienced problems paying a medical bill.

Here are some of the most jaw-dropping statistics about medical debts in the modern era:

• As far back as 2007, medical problems and medical bills were contributing factors to two-thirds of all consumer bankruptcies — a figure that had increased dramatically since just 2001.
• Three-fourths of debtors who filed bankruptcy over medical debt have insurance. However, gaps in coverage, high deductibles, pricey medications, and uncovered procedures and tests leave them exposed to financial liabilities they can't cover.
• Many of the people who file bankruptcy over medical debt are middle-aged or approaching middle-age (with an average age of almost 45). About three-fifths have college degrees.

Continue Reading ››