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Ben L Schneider
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Ben Schneider’s Answers

66 total


  • Can i keep my home

    i am months behind on my mortgage. my home is in foreclosure.if i file chapter 7 will i be able to tack what i owe onto my loan balance and keep my home. i can afford my mortgage after all my other bills are gone.

    Ben’s Answer

    In many cases a Chapter 7 bankruptcy can lead to a reaffirmed mortgage debt. A chapter 13 filing is not always necessary but the answer is case specific. Please contact my office for more information.

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  • Bankruptcy?

    I have a house I owe $200K, worth 190K. I have 26k in credit debt, my husband is out of work but I have $126k in 401s. Can I still file and keep my 401? I am 57.

    Ben’s Answer

    Yes, a 401k is an exempt asset in Illinois. You should consult with an attorney before taking any bankruptcy related steps because you may have more exemptions that can be used.

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  • Does a person have to file for bankruptcy in the county where they live?

    My sister is in a treatment program in McLean County but resides in DuPage County. Does she need to file in her home county?

    Ben’s Answer

    The debtor files for bankruptcy in the County in which they have a permanent residence. In this case, if your sister has a permanent residence in DuPage County and has had that residence for at least 90 of the last 180 days, then that is where she can file. Please contact my office for a free consultation to discuss this and all other issues surrounding the bankruptcy.

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  • Bankruptcy chappter 7

    How can I file for this if my X-husband still have vechile in both of are names.he wont take them out of my name

    Ben’s Answer

    • Selected as best answer

    This concern is not something for you to worry about, you can file for bankruptcy and have your liability discharged and your ex-husband will have to worry about his liability for this debt. Please contact my office for a free consultation to further discuss your options.

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  • I live in Illinois. Can my wife file Chapter 7 in her name only? We are separated.

    I live in Illinois. Can my wife file chapter7 in her name only. We are separated.

    Ben’s Answer

    Yes you may file separately, but there are some considerations in doing so. You should consult an experienced Bankruptcy Attorney about this before doing anything.

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  • Can one spouse file for bankruptcy

    I am married and I want to file bankruptcy because of the credit cards and other debts that I can't pay. I lost my job last year due to the economic crisis. All of my credit cards are in my name and NOT my husband's name. If I file will it affec...

    Ben’s Answer

    The short answer is yes. However, there are many factors to consider to insure tha you are successful. Please contact my office for a free consultation.

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  • I have recieved a summons in adversary proceeding

    In aug i filed bankruptcy now cahse bank has filed an adversary proceeding saying i am guilty of fraud i can't afford an atty. i am on ss can i answer the summons myself and where can i find out how to go about it

    Ben’s Answer

    Please contact my office about representation in this matter immediately.

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  • Do I have to file bankruptcy if I my home goes into foreclosure?

    I had several finance hardships and am unable to pay for my home in AZ. I now found out that home is worth 100,000. less than I paid for it. Can I just drop off the keys and let them know I can't do it anymore? I am deep in credit card debt becau...

    Ben’s Answer

    Unfortunately, you cannot just drop off the keys and ask the bank to take back the house and call it even. You will need to deal with the $100,000 deficiency. Please contact my office for a free consultation so that we can discuss all of your options.

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  • Should i file bankrupcy before i am sued and they get a judgement or after? in colorado credit card debt

    was working got hurt went into hospital lost everything but one vehicle. is chapter 7 right for me credit cards went bad in hospital to long. on ssi barly surviving. credit companies coming after me what are my options.

    Ben’s Answer

    Chapter 7 may be the best option, but I cannot give you a completely accurate answer without asking you a few more questions. Please contact my office for a free consultation so that we can discuss all of your options.

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  • If my ex is the co-signer of my car, and is filing bankruptcy, will it affect me keeping my car?

    My ex co-signed for my vehicle. We have been broken up for years now. He is filing bankruptcy and says they will probably come after my car if he is the co-signer. I am going to look into taking him off the title anyway, but I am wondering if t...

    Ben’s Answer

    They can come after your car if either of you misses payments. Please contact my office for a free consultation if you have any questions.

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