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Judgment Execution and Bankruptcy in Illinois

Your Illinois debt settlement attorney can and will advise you regarding the court judgment exemptions in the state of Illinois. Your attorney will tell you there are some things the creditor cannot “take” by way of execution of a judgment. There is an extensive list of these items in the Illinois state statutes. By enactment of laws exempting certain property from court judgment execution the State Legislature is trying to assure that a judgment debtor cannot be made completely destitute.

Moreover, the United States Federal Bankruptcy Code provides exemptions as to what can be taken from the debtor. The ideam for these exemptions is the same as that regarding the exemption of certain items from execution under a court judgment.

The following is list of property exempted under the Bankruptcy
provisions of the state of Illinois as of 2009:

PROPERTY
Real property or personal property including a farm, lot and building, condo, co-op, or mobile home to $7,500; sale proceeds exempt 1 year from sale
Homestead exemption after death or desertion of one spouse for benefit of remaining spouse and/or minor children (Limit $7,500)
Bible, family pictures, schoolbooks and needed clothing
Motor vehicle to $1,200
Proceeds of sold exempt property
Title certificate for boat over 12 feet
Wrongful death recoveries needed for support
Property of business partnership

INSURANCE
Fraternal benefit society
Health or disability benefits
Homeowners’ proceeds if home destroyed to $7,500
Life insurance, annuity proceeds or cash value if beneficiary is insured’s child, parent, spouse or other dependent
Life insurance policy if beneficiary is insured’s spouse or child
Life insurance proceeds if clause prohibits from being used to pay beneficiary’s creditors
Life insurance proceeds needed for support

PENSIONS
Disabled firefighters; widows and children of firefighters
ERSA qualified benefits
Firefighters
Police officers
General Assembly members
House of corrections employees Judges
Municipal employees
Park employees
Public employees
Civil service employees
County employees
Public library employees
State employees
Sanitation district employees
State university employees
Teachers

PUBLIC BENEFITS
Aid to aged, blind, disabled, AFDC
Crime victims’ compensation
Restitution payments on account of WWII relocation of Aleuts and Japanese Americans
Social Security
Unemployment compensation
Veteran’s benefits
Workers’ compensation

WAGES
Minimum of 85% of earned but unpaid wages. Judge may approve more for low income debtors

TOOLS OF TRADE
Tools, books and implements of trade up to $750

WILD CARD
$2,000 of any personal property including wages

Bankruptcy Courts:

U.S. Bankruptcy Court
750 Missouri Avenue
East St. Louis, IL
(219) 236-8247

U.S. Bankruptcy Court
130 Federal Building
201 North Vermilion Street
Danville, IL 61832
(217) 431-4820

U.S. Bankruptcy Court
131 Federal Building
100 NE Monroe Street
Peoria, IL 61602
(309) 671-7035

U.S. Bankruptcy Court
219 Dearborn Street
Chicago, IL 60604
(312) 435-5694

U.S. Bankruptcy Court
211 S. Court Street, Suite 121
Rockford, IL 61101
(815) 987-4366

Get more information about debt relief and debt help in Illinois:

a. Debt Settlement And Debt Relief- Laws In Illinois

b. Statute Of Limitations

c. Judgment And Bankruptcy

 

 

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