What is Bankruptcy in Chicago?

April 19, 2019

Bankruptcy in Chicago is a legal process used to eliminate a variety of debts when a person is not able to afford payments. It is not always calculated or based on debts being larger than assets. It is more often related to the ability for a person to repay the debts based on income after paying necessities such as groceries, utilities, children’s needs, etc.

Considering filing Chicago bankruptcy?

Ask yourself these questions:

  • Are credit cards used to pay for necessities?
  • Are minimum payments the only way payments can be made on your debts?
  • Are the debt amounts owed uncertain?
  • Do collection companies call repeatedly?
  • Does debt consolidation seem like the only answer?

If the answer to at least one of these questions is yes, filing for Chapter 7 or Chapter 13 bankruptcy may be the best option.

How do I know when to file bankruptcy in Chicago?

Many individuals feel filing for bankruptcy in Chicago is a scary experience and something a person should never do unless there are no other options. This fear is unnecessary and can lead to significant harm by not taking action. Filing for bankruptcy in Chicago can be refreshing as a person becomes unburdened with the immense financial pressures and receives an opportunity for a new beginning. Determining whether to file for Chapter 7 or Chapter 13 bankruptcy in Chicago, there are several actions a person should take.

How do I declare bankruptcy in Chicagoland?

 

The first step regardless of whether debts and assets have been calculated is to call me for a free consultation where we can discuss the types of bankruptcy in Chicago. Chapter 7 and Chapter 13 bankruptcies are typically the most filed but have different timelines, benefits and procedures. Chapter 13 bankruptcy has several protections that Chapter 7 does not but takes longer to complete. Contact us today at 312-945-0021 and we will assist with selecting and processing the best bankruptcy option.

 

Yellow notepad labeled
December 12, 2025
Chapter 7 vs. Chapter 13 bankruptcy in Chicago—learn the key differences, eligibility rules, and how to choose the right option for your financial future.
Wage Garnishment document with a calculator and pen on a clipboard.
November 6, 2025
Struggling with Wage Garnishment? Here’s How Bankruptcy Can Help
Wallet with dice spelling
October 9, 2025
Civil Tax Violations Attorney in Chicago, Illinois
Gavel hitting wooden blocks spelling
September 11, 2025
Foreclosure Defense Attorney in Chicago, Illinois
A piggy bank , stacks of coins and a graduation cap on a table.
July 3, 2025
What to Expect When You Stop Making Student Loan Payments: Legal Implications and Next Steps
A man is sitting at a desk looking through a magnifying glass.
June 5, 2025
What Is IRS Penalty Abatement and How Can It Help You?
A group of people are sitting at a table with papers and a statue of justice.
May 8, 2025
Struggling with mortgage payments? A loan modification could help you secure more manageable terms and avoid foreclosure. Learn key strategies to successfully negotiate a loan modification with your lender, including preparation tips, communication strategies, and what to expect during the process.
A person is typing on a laptop computer at a desk.
April 3, 2025
Many people believe student loans are impossible to eliminate through bankruptcy, but in some cases, relief is available. The Brunner Test determines whether borrowers in Illinois and across the country can discharge student loan debt. Learn how this test applies, what factors courts consider, and whether your financial situation meets the standard for relief.
An open notebook with a pencil and a potted plant on a white wooden table.
March 6, 2025
Creating a successful Chapter 13 payment plan is crucial for individuals looking to reorganize their debts while keeping their assets. Learn the key factors to consider when structuring a repayment plan, how income and expenses affect the process, and ways to stay on track throughout the three-to-five-year commitment.
A man is towing a car on a tow truck.
February 6, 2025
In Chicago, keeping up with car payments can sometimes slip through the cracks. The cost of living in the city is no small feat, and unforeseen financial hardships can leave you scrambling for options when it comes to keeping your vehicle. For many Chicago residents, a car isn’t just a mode of transportation; it's essential for daily commuting, running errands, or even as part of your livelihood. If you find yourself on the brink of losing your car due to missed payments, don't panic just yet. Benjamin Legal Services is here to guide you through some last-minute strategies that could save your vehicle from repossession using Illinois bankruptcy protection laws. Car Repossession in Illinois Car repossession is a serious concern for those facing financial struggles. In Illinois, lenders can repossess your vehicle if you're behind on payments or have breached your loan agreement. This can happen quickly, often leaving you without your primary means of transportation overnight. Understanding this process is important so you can explore solutions before it's too late. Lenders must follow legal procedures during repossession, like not breaching the peace. However, this offers little comfort if you might lose essential mobility. Bankruptcy protection could be a solution to consider. How Bankruptcy Can Halt Repossession Efforts Filing for bankruptcy may seem extreme, but it offers immediate relief through an "automatic stay" that stops all collection activities, including car repossession, once you file. Chapter 7 or Chapter 13 bankruptcies are options for those wanting to protect their vehicles. In Illinois, Chapter 7 may allow you to keep your car if its value is under a certain threshold. Chapter 13 lets you reorganize debts into manageable payment plans, potentially catching up on overdue car payments without losing your vehicle. Chapter 13 Bankruptcy for Asset Protection For many Chicago residents facing repossession, Chapter 13 bankruptcy is an effective way to keep their vehicles. Unlike Chapter 7, which liquidates assets to pay creditors, Chapter 13 restructures debt, giving debtors financial breathing room. Over three to five years, you can propose terms to catch up on late payments while keeping crucial assets like cars or homes. This restructuring helps reduce stress from financial pressure, offering time to achieve long-term solvency. Knowing Your Rights & Seeking Professional Guidance Navigating the intricacies surrounding bankruptcy filings necessitates informed decisions backed by professional guidance only seasoned professionals like those at Benjamin Legal Services can provide confidently. Scheduling a consultation with our Illinois bankruptcy attorneys is the first step towards exploring the full spectrum of legal options available to you in your specific circumstances.  Facing the threat of car repossession can be overwhelming, but it's crucial to remember that you have options. Utilizing Illinois bankruptcy protection laws, especially through Chapter 13, offers a pathway to safeguard your vehicle while managing financial burdens more effectively. By restructuring your debts and working towards manageable repayment plans, you can retain ownership of your essential assets and work towards regaining financial stability. The expertise and support of professionals like those at Benjamin Legal Services can be instrumental in navigating these complex processes, and ensuring your rights are protected. Don't let repossession dictate your future; explore your options and take proactive steps to secure your financial well-being today.