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Illinois Bankruptcy Laws

For those filing Chapter 7, both the federal government and state statutes provide exemptions types of property to protect it from liquidation.  Illinois law requires clients to use only state exemptions.Those exemptions include:


Homestead

Up to $15,000

Personal Property

Prepaid tuition trusts; burial plots; motor vehicles up to $2,400; clothing; health aids; books; family heirlooms; personal injury recoveries up to $15,000; wrongful death recoveries; other property up to $4,000

Wages

At least 85% of wages earned but not paid or 45 times the higher of state and federal hourly minimum wage, whichever is greater

Pensions

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000/person; general assembly members; police; firefighters; municipal, county, civil service, park, sanitation district, state, and state university employees; teachers; judges; house of correction employees; public library employees; disabled firefighters; widows and children of firefighters; ERISA-qualified benefits and IRAs

Public Benefits

Aid to blind, aged, and disabled; public assistance; veterans’ benefits; Social Security; unemployment; crime victims’ compensation; worker’s comp

Tools of the Trade

Up to $1,500

Insurance

Life insurance annuity, or cash value in some circumstances; fraternal benefits; homeowner’s insurance proceeds for homes destroyed, up to $15,000; health and disability benefits

There are significant exemptions for Illinois residents, making Chapter 7 a good choice for many in financial difficulties.  Once the type of bankruptcy is determined and the consumer has concluded their debt counseling, the debtor’s lawyer files the bankruptcy petition with the court and the client is under the jurisdiction of the bankruptcy trustee.They will call a 341 meeting to discuss the plan and allow all creditors to ask questions. If all the elements are in order, the bankruptcy is generally granted and the client may complete the plan and begin restoring their credit record.