Showing posts with label oak park bankruptcy. Show all posts
Showing posts with label oak park bankruptcy. Show all posts

Friday, April 20, 2012

Bankruptcies Down, Foreclosures Up in Chicagoland


For struggling Chicagoland families, bankruptcy and foreclosure often go hand-in-hand.  It is not uncommon for families facing serious financial difficulty to fear they will lose their homes and to consider filing for bankruptcy.  As our Oak Park foreclosure lawyers know, there are many legal options available for struggling Illinois residents, as well as several new federal and state programs that specifically provide assistance for homeowners.  Our attorneys frequently follow the trends of foreclosure and bankruptcy across the nation and in the Chicago area to ensure we have as much up-to-date information as possible about the factors currently affecting the economy.

For example, local bankruptcies are on the decline, in contrast with the current national trend, according the Medill Reports.  According to data reported by the U.S. Bankruptcy Court in the Northern District of Illinois, the number of bankruptcy filings has dropped in January, February, and March of this year in comparison to those same months in 2011.  Those of us working in Chicago bankruptcy law know that lower filing numbers have been occurring for a few years now.  In 2011, bankruptcy filings dropped about 10% from 2010, the first annual decline since 2006.  On the other hand, bankruptcy filings across the nation rose last year from approximately 1.53 million in 2010 to 1.57 million in 2011, an increase of 2.6%.  Numbers for the first quarter of 2012 are not yet available.

Experts are divided over the reasons driving this trend.  Some experts attributed the local decline to a slightly improved economy, as well as low mortgage interest rates and tougher controls over borrowing.  However, others have questioned whether the decline is indicative of an overall trend.  Numbers may be low at the beginning of the year because consumers choose to wait until closer to the filing deadline to declare bankruptcy.  Many Oak Park and River Forest bankruptcy lawyers are still speaking with distressed consumers concerned about a variety of debt, including credit card debt, medical bills, and student loans.

In contrast, foreclosure filings recently have increased in the Chicago area.  In March, such filings jumped 18.5% from a year earlier and 1.8% from this February, according to an article in the Chicago Sun-Times.  Illinois is doing significantly worse than the nation as a whole in this area.  Nationally, the numbers dropped 17.1% from March 2011 and fell 3.9% from this February.  In 2012’s first quarter, our state had the nation’s third highest foreclosure total with 11,342 homes receiving filings.  Although the national foreclosure trends have been more positive so far this year than those in our home state, these trends are not expected to continue.  Increases in foreclosure filings are expected to increase as less and less mortgage paperwork will be tied up in courts inspecting the accuracy and authenticity of those documents in the wake of the robo-signing scandal.

The Vice-President of the Woodstock Institute, a Chicago-based policy and advocacy nonprofit, stated that “concerted effort” was necessary “to address the forces that drive foreclosure activity, such as negative equity and unemployment.”  Our Cook County foreclosure defense lawyers agree that many homeowners are still in jeopardy and feel hopeless in the face of foreclosure.  Much must still be done to help our faltering economy recovery, but in the meantime, if you are at risk of losing your home to foreclosure, please consider contacting a legal professional to discuss the number of options available to you.


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Friday, December 16, 2011

Illinois Debtors Should Ensure That Bankruptcy Petitions Are Prepared Legally

Our Oak Park bankruptcy lawyers know that filing for bankruptcy has become a reality for many Chicagoland residents who decide it is necessary as a last resort.  Bankruptcy is a legal procedure for dealing with consumer and/or business debt and is typically a one-time event for most people.  If you are not familiar with the process, it can sometimes seem overwhelming.  Many debtors worry that their situation is hopeless, but, thankfully, that is not true. 

If you are considering filing for bankruptcy, one of the most important things is to make sure you are completing all of your paperwork legally and above-board.  For example, as Delmarva Now News reports, someone who is not a lawyer (or who does not work for a lawyer) who prepares bankruptcy petitions for a fee and does not sign the petitions is violating federal law.  A bankruptcy petition is the official document that a debtor or creditor files to start a bankruptcy case.  It is legal for a non-lawyer to prepare bankruptcy petitions for a fee.  However, those preparers must sign the petition as well as other documents that must accompany the petition.  Bankruptcy petition preparers must also make significant written disclosures to the debtors they assist and provide those debtors with a written contract.  All of these requirements are essential to making sure your bankruptcy documents are prepared in accordance with Illinois bankruptcy law.

On the other hand, bankruptcy petition preparers who are not lawyers may not provide legal advice.  Changes to U.S. bankruptcy law frequently occur, so you should seriously consider consulting a legal professional to help you with your case.  A professional well versed in Illinois bankruptcy law can help assist you in answering many of the important questions you are sure to have if you are considering filing for bankruptcy.  For example, you might wonder what assets, if any, you can keep after filing for bankruptcy.  You may also be unsure whether you should even file for bankruptcy or may need to know what type of bankruptcy to file. 

While it can be tempting to cut corners, doing so could have serious, long-term consequences for you, your business, or your family.  If a problem arises with your bankruptcy petition, and you did not seek the help of a bankruptcy lawyer a debtor could be on his or her own.  This is because a bankruptcy petition preparer cannot represent a debtor, even at a creditors meeting.  If the petition is not prepared properly, it can result in the debtor’s case being dismissed or in a delay in the proceedings.  Debtors may also have to repay filing fees, which can add up if you are concerned about finances.

Our Oak Park bankruptcy attorneys work with clients to best meet their needs.  We realize that financial troubles can often seem overwhelming and that it can be difficult to admit you need help.  In these tough economic times, our lawyers will do everything they can to help you consider all of your options.  For a confidential bankruptcy consultation with the Emerson Law Firm, please call our office at 708-660-9190 or visit us online.

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Friday, December 2, 2011

Oak Park Bankruptcy Lawyers Share Data About Increased Pro Se Filings

Our Chicago bankruptcy lawyers have learned that the Administrative Office of the U.S. Courts recently released a report outlining a troubling phenomenon in bankruptcy filings.  Over the past five years, according to the report, the growth of pro se bankruptcy filings has outpaced the rate of growth of overall bankruptcy filings.  This revelation is disturbing because it suggests that some of the nation’s most financially vulnerable citizens believe they must go it alone rather than hiring an attorney when facing bankruptcy. 

Pro se legal representation means that a person is representing himself or herself without legal counsel in a court proceeding.  A person may choose to represent himself or herself for many reasons, but, typically, it is because the person believes he or she does not need or cannot afford an attorney.  However, this often is not the case.  It is almost always worth considering hiring an attorney because it can mean a big difference in the outcome of your case.  

Over the past five years, non-pro se bankruptcy petitions increased 98%, but pro se bankruptcy petitions grew 187% over the same time period.  Pro se chapter 7 filings also rose 208%, and pro se chapter 13 filings increased 189%.  Chapter 7 bankruptcy is a process of debt liquidation under which debtors may consolidate student loans, protect loan co-signers, or eliminate credit card debt.  Chapter 13 bankruptcy is a process of debt restructuring that allows debtors to reorganize their debt under the supervision of a federal bankruptcy court.  Chapter 7 and chapter 13 filings make up the vast majority of overall bankruptcy filings.

The report found that the number of pro se petitions did not occur uniformly throughout the country.  For example, such filings increased most rapidly in the western part of the United States.  Illinois was not one of the top areas in which pro se bankruptcy filings increased.  Although the Northern District of Illinois had the second most filings in 2011 (with 63,440 filings), it ranked 39th for pro se filings.

One legal scholar has suggested that the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005 may have influenced the dramatic increase in pro se filings. The BAPCPA made several significant changes to the U.S. bankruptcy law.  For one thing, the BAPCPA made it more difficult for some consumers to file bankruptcy under chapter 7.  Thus, those consumers likely must file under chapter 13 instead.  This can have serious implications because under chapter 7 most debts are forgiven (or discharged), but under chapter 13, debts are discharged only after the debtor has repaid some portion of those debts.

The rapid increase of pro se bankruptcy filings suggests that debtors are struggling and that their legal rights may be negatively impacted.  For example, in a post on LexisNexis’ Bankruptcy Law Blog, this scholar noted that pro se filings are much less likely to succeed than filings by represented debtors. The post cited data presented at the National Conference of Bankruptcy Judges, which showed that nearly 90% of pro se chapter 13 debtors had their cases dismissed prior to confirmation of a plan and only 4% still had a case pending after four years.  A 2007 sample showed that 17.6% of pro se chapter 7 debtors had their cases dismissed for technical problems as compared to only 1.9% of represented debtors.

Such data is extremely concerning because meritorious claims may be dismissed due to technical issues.  Chicagoland bankruptcy attorneys know this is more likely to happen when debtors are not represented by legal counsel. 

The Oak Park bankruptcy lawyers at the Emerson Law Firm understand that financial troubles can often seem overwhelming and that it can be difficult to admit that you need help.  In these hard economic times, our attorneys will do everything they can to help you consider all of your options.


You can read the Administrative Office of the U.S. Courts’ full report here.  For a confidential bankruptcy consultation, please visit the Emerson Law Firm online or call 708-660-9190.

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