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Bankruptcy is a process that is governed by federal law, supervised by bankruptcy court, which allows individuals to seek relief from overwhelming debt and obtain a new financial start. An individual that cannot repay their debts when they become due, files for bankruptcy, following a legal framework that resolves debts and determines how creditors will be paid. A bankruptcy attorney can help determine which one is right, based on your situation. Some types of bankruptcy proceedings include:
There can be various consequence for filing for bankruptcy. However, the impact is not permanent. Given time, and responsible financial management, an individual can rebuild positive financial standing. Common consequences for filing for bankruptcy include:
The assets that you can keep in bankruptcy depend on the type of bankruptcy you file and the state you live in, determining exemption laws. Exemption laws define types and amounts of property that can be protected from seizure to repay creditors. Exemption laws do have limitations. Consulting with a bankruptcy attorney can help you understand what is best for your situation and which assets you can keep.
Through bankruptcy, a debt that you are no longer liable for repaying is considered discharged. Discharged depts vary with the type of bankruptcy you file and the laws and regulations in your state. Not all debts can be discharged, and some have certain requirements that must be met. Common types of debt that may be discharged are:
If you're experiencing severe financial difficulties, bankruptcy can provide a path to debt relief and help you get a fresh start. Whether you are just starting to consider bankruptcy or have already filed, getting a bankruptcy lawyer involved can help you maximize the benefits afforded to you by the United States Bankruptcy Code.
We've assembled a list of trusted local lawyers that you can use to find the right Illinois bankruptcy attorney to help you stop wage garnishment, prevent creditor harassment, get debt relief, and protect your property.
A bankruptcy attorney can help you determine if the process is right for you or if other debt relief options are better suited to your needs. If bankruptcy is appropriate for your situation, your lawyer will help you decide whether Chapter 7 bankruptcy (often used by individuals or small business owners), Chapter 13 bankruptcy (where debt repayment plans are established to help you get back on track), Chapter 11 (business reorganization) or some other form of Illinois-specific bankruptcy process is best for you.
People wind up filing for bankruptcy for many reasons, often involving outside forces or unforeseen expenses: Medical debt and unexpected health care costs can quickly spiral out of control, credit card debt can accrue due to business expenses or needing to use a credit card during periods of unemployment and low cash flow, investments in the stock market, real estate or other financial vehicles might suffer due to a financial crisis, or a supply chain shutdown can cause debt to cascade in times of pandemic (such as the coronavirus/COVID-19 outbreak) or due to oil price fluctuations. In any of these situations, a bankruptcy attorney can help you find the best course of action.
Anyone who is aiming to file a lawsuit or who must defend themselves against a lawsuit (civil) or criminal allegations should find an Illinois lawyer who has experience in the type of case they’re facing. Whether you reside in Illinois or any other state, the rule of law (and the complexity thereof) makes it preferable in most situations to have an attorney to represent your interests in civil or criminal court rather than representing yourself.
Defendants in the Illinois court system — or those facing federal charges for felonies, particularly — will most likely see better results with proper legal counsel. Criminal convictions can result in lengthy jail or prison sentences, as well as the creation of a permanent criminal record for first-time offenders. A skilled lawyer can help you craft the best defense possible, improving your chances of acquittal — and if the prosecution is willing to negotiate rather than go to trial, an attorney can help you get the best deal possible.
If you are seeking restitution, you should consider consulting a lawyer for both civil and criminal court. Whether the defendant is the state or an individual, attorneys working as prosecutors can use a body of provided evidence such as physical evidence, eyewitness accounts, digital communications or surveillance, to create a compelling argument in your favor
In almost all instances, representing yourself in a court of law is not recommended, particularly if the consequences of a conviction (or a failure to successfully prosecute) are significant. Attorneys are often called upon to act as experts, and their expertise can often be invaluable.
To find an Illinois lawyer, you will want to consider both budget and reputation. It is important to find a lawyer that is within your financial reach but also has strong legal experience and a track record of established success.
Extensive research is also important when selecting a lawyer to represent your best interests. You can check the Illinois State Bar Association to research potential candidates.
Before hiring a lawyer, it’s important to cross-reference results in web searches, to ensure consistent and reliable information. Including checking through prominent cases, social media profiles, local or state media coverage and going directly to the attorney or firm’s website.
In Illinois, a general estimate of the per-hour cost for a lawyer can range from about $130 to $400 per hour, depending on location, expertise and the complexity of the case in question.
In some cases, attorneys may opt to offer clients a flat-rate fee instead of a per-hour fee. This typically arises in criminal defense law as well as certain divorce court proceedings. A fee for a misdemeanor defense is usually far less than the flat fee for a felony defense. Representation on issues related to juvenile offenses and traffic offenses may cost you less than the representation on situations involving corporate law or bankruptcies.
Finally, certain lawyers, such as personal injury lawyers, typically offer clients representation based on contingency. If you win a settlement from such a case, such as slipping and falling at a business establishment and incurring a serious injury, your personal injury lawyer will retain a percentage of your total settlement, rather than charging you any per-hour or flat-rate fees.
While an Illinois lawyer can take on cases of any sort, the most common criminal cases in Illinois involve simple assault or aggravated assault, sexual assault, violations of the Controlled Substances Act, burglary (business and residential), driving while under the influence (DUI) and severe violent crime such as homicide and armed robbery.
Illinois lawyers are also typically called upon to represent parties in marital disputes leading to divorce or separation, the custody battles common to such cases, and other civil proceedings.
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