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Seventh Circuit Bankruptcy Court

The United States Seventh Circuit Bankruptcy Court is a federal court which reserves the right for appellate jurisdiction over the below mentioned district courts:Northern District of Illinois, Southern District of Illinois, Central District of Illinois, Eastern District of Wisconsin, Western District of Wisconsin, Northern District of Indiana and Southern District of Indiana.

The courthouse of Seventh Circuit Bankruptcy Court is located at Dirksen Federal Building in Illinois, Chicago. This 7h cir court has 11 judges and it is one of the 13 bankruptcy courts of appeals.

The court has two approved processes for online access of the internal court records as well as to get bankruptcy related latest information. These two online resources of public record are managed and coordinated by two court monitored computerized systems, Wiki, and RSS feeds.

In the entire range of appellate Courts 7th Circuit Bankruptcy Courts offers the scope of oral arguments as it has the provision of RSS feeds. Otherwise, only 11th circuit Bankruptcy has the provision for RSS feeds in the list of United States List of Court of appeals.

Illinois Bankruptcy Court infrastructure is comprised of three district Bankruptcy courts: Illinois Central District Bankruptcy Court, Illinois Northern District Court, and Illinois Southern District Court. Illinois Central District Courts are located at Bloomington, Danville, Decatur, Galesburg, Kankakee, Paris, Peoria, Quincy, Rock Island, Springfield and the countries of jurisdiction under these Bankruptcy Courts are Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, etc.

Illinois Northern District Bankruptcy Court locations are at Chicago, North Aurora, Joliet, Rockford, Wheaton and Waukegan. The countries under the jurisdiction of Illinois Northern District Bankruptcy are Boone, Cook, Du Page, Jo Daviess, Kane, Lake, La Salle, McHenry, Stephenson, Will, and Winnebago.

Illinois Southern District Court locations are at Alton, East St Louis, Benton, Mt. Vernon, and Effingham.

All legal proceedings related to the bankruptcy cases filed in Illinois are dealt at the specific court locations. Each district of the Illinois bankruptcy court has the jurisdiction over particular counties. The Illinois Central District Court has jurisdiction over the counties of Adams, Bureau, Brown, Cass, Christian, Champaign, Coles, Douglas, De Witt, Edgar, Fulton, Ford, Greene, Henderson, Hancock, Henry, Kankakee, Iroquois, Knox, Logan, Livingston, Macon, Marshall, Macoupin, Mason, Mclean, McDonough, Menard, Montgomery, Mercer, Morgan, Peoria, Moultrie, Piatt, Putnam, Pike, Rock Island, Schuyler, Sangamon, Scott, Stark, Shelby, Tazewell, Warren, Vermilion, Woodford.

The Northern District Illinois Bankruptcy Court has under its aegis the counties of Boone, Cook, Carroll, Dekalb, Grundy, Du Page, Jo Daviess, Kendall, Kane, Lake, Lee, La Salle, McHenry, Stephenson, Ogle, Will, Whiteside, Winnebago. The counties that fall under the jurisdiction of the Illinois Southern District Court are Alexander, Calhoun, Bond, Clark, Cumberland, Clinton, Clay, Crawford, Edwards, Fayette, Effingham, Franklin, Hamilton, Gallatin, Hardin, Jasper, Jackson, Jefferson, Johnson, Jersey, Lawrence, Marion, Monroe, Madison, Massac, Pope, Perry, Pulaski, Richland, Randolph, St. Claire, Union, Saline, Wabash, Washington, White, Wayne, and Williamson.

Bankruptcy can be declared when an individual or business is sure that the outstanding debts are impossible to clear. However there is a particular procedure to be followed. The bankruptcy filing can be done under a number of chapters. In case of Chapter 7 bankruptcy in Illinois, the assets of the debtor are sold off in order to clear the debts. This gives the debtor a new lease of life and he or she can start anew. The chapter 13 bankruptcy differs from this one. In the chapter 13 bankruptcy the debtor is given a period of 3 to 5 years to settle his or her debts. For that time period the debtor pays a particular amount of money to the bankruptcy court, as part of the legal proceedings.

The bankruptcy filing under chapter 13 follows a particular procedure. A complete credit investigation is initiated. This is done 180 days before the bankruptcy case is filed. The authority is responsible for calculating the worth of the appeal; this is done with the details of the income and expenses of the debtor. The average income of the debtor in the 6 months preceding the filing is taken into account to calculate the worth of the appeal. If the figures show that the income and the expenditure ration is suitable for the repayment of the debts, the authorities consider the bankruptcy filing of the individual. The period is 3-5 years and the amount of money to be repaid varies from $ 1000- 6000.

Many people think that the availability of bankruptcy records is of no use. But this is a misconception. When an individual applies for a loan or a mortgage, the credit history is checked. If the individual has filed for bankruptcy in the last 10 years the credit history is sure to show the record. Similarly before investment is done in a certain business, it is advisable to check whether the business has ever filed for bankruptcy in the recent past or not. The easy availability of the bankruptcy records of Illinois helps in making this task easier.

When you have filed for Chapter 13 bankruptcy in Illinois, the state provides you with certain exemptions. Unlike other states, you would not get federal exemptions in Illinois. So, you do not have the option to choose from. However, the exemptions provided by the state are sufficient enough for the debtor. The break-up of the exempted property has been designed this way:

  • 735-5/12-901- Personal property up to $15,000 that may include farms, condominiums, co-operatives, mobile homes etc. If the owner dies, the spouse or the child gets the benefit of the homestead and the limit for it is $7500. The debtor can keep the sales of one year. State of Illinois also recognizes entire tenancy but with a cap on it.
  • 710-979/45 g- 235-5/6-1- The fund of tuition trust under prepaid mode is exempted in bankruptcy. The fund for burial, trust and care are also exempted under state exemptions of Illinois.
  • Car or any vehicle of maximum $2,400, clothes, medicines and other health related aides, academic books, pictures, bible and insurance coverage for personal injury up to $15,000 are the other benefits exempted from confiscation in bankruptcy.
  • If the debtor dies a wrongful death, recoveries received are not sold in auction. Even the money received from selling off the exempted property stays with the debtor or the family.
  • If the debtor had an account with Illinois College Savings Pool where he or she had invested at least a year before filing bankruptcy and is amount is below the gift tax limit set by government, or if the account has been established and invested two years ago with the outstanding amount over the gift tax limit, debtor keeps the financial benefit.
  • 735-5/12-1001- The person filing for bankruptcy can also keep personal property worth $4000 exclusive of the wages.
  • 85% of the unpaid yet earned wages is exempted under Section- 740-170/4. However, the presiding judge has the authority to lower down the limit if the debtor belongs to low income group.
  • The disabled and handicapped benefits, veteran benefits and public assistance are retained under the Section 305-5/11-3.
  • 735-5/12-1001- Benefits like social security allowance, unemployment allowance, compensation for crime victim, compensatory payments for war veterans also exempted in bankruptcy.
  • Any compensation for employee or occupational diseases is exempted under the Sections 820-305-21 and 820-310/21.
  • There is a huge amount of insurance exempted. Any life insurance or cash value in which debtor's parent, child and spouse are the beneficiaries is exempted under 215-5/238.
  • Section 215-5/299.1a states that society benefits and fraternal benefits are exempted as well.
  • Under Section 735-5/12-907, the home insurance against destruction and legal proceeds of up to $15,000 stays with the debtor.
  • According to the Section 735-5/12-1001, debtor is allowed to keep any disability and/or heath benefit and the fund for proceeds of life insurance required to support the dependent spouse or child.
  • Under Section 740-170/4, debtor can retain his or her trade related books, resources and tools of value up to $150.
  • The senior citizen debtors from various walks of life get a cap of exempted pension benefits like disabled firefighter allowance, compensation for the family of demised firefighter, pension of the members of general Assembly, pension of police officers, municipal employees, teachers, benefits of ERISA and IRA, and pension of judges.
  • Apart from all these exemptions, there is one wild card too according to which the debtor can keep any of his or her personal property worth $2000.

Indiana Bankruptcy Court, in district level, is located in Indiana Northern District, and Indiana Southern District.

Indiana Northern District Bankruptcy Courts are located at Fort Wayne, South Bend, Lafayette, and Hammond. Indiana Southern District Court is located at Richmond, New Albany, Evansville, and Indianapolis.The Indiana Northern District Court has several counties under its jurisdiction. These include De Kalb, Adams, Whitley, Blackford, Allen, Wabash, Cass, White, Carroll, Warren, St, Joseph, Allen, Marshall, Newton, Tippecanoe, Steuben, Benton, Pulaski, Nobel, White, Lake, Wells, Marshall, Kosciusko, Miami, La Porte, Jasper, Porter, Jay, Fulton, Huntington, Grant, and Elkhart.

The Indiana Southern District Court also presides over bankruptcy cases and has within its jurisdiction several counties like Brown, Clinton, Bartholomew, Gibson, Ohio, Switzerland, Clinton, Putnam, Boone, Decatur, Warrick, Vigo, Harrison, Washington, Rush, Delaware, Scott, Floyd, Union, Montgomery, Madison, Crawford, Vanderburgh, Spencer, Vermillion, Knox, Wayne, Dearborn, , Lawrence, Ripley, Sullivan, Owen, Shelby, Orange, Posey, Tipton, Perry, Fayette, Pike and Dubois.

Bankruptcy in Indiana is filed under several circumstances. This may happen as a result of a huge loss in one's business or when one has lost a high profile job. Also a terrible accident may lead to mammoth medical expenses thereby robbing one of all his life's savings. The bankruptcy laws in the state are in tandem with the federal laws and both of these works towards enabling one who has lost all his financial security to regain his balance and make a new beginning.

Bankruptcy cases in Indiana bankruptcy court can be filed under Chapter 7 and Chapter 13 of the bankruptcy laws. Filing for bankruptcy under Chapter 7 is also known as liquidation. The procedure can be comprehended easily. In this a trustee who is appointed by the court has the power to confiscate all property that is not a part of the list of exemptions. The trustee then sells off this property, collects the cash and then hands it over to the creditors. Most people who file for Chapter 7 bankruptcy are the ones who do not have any property that may be listed under exemptions. It is thus a 'no-asset case'. The process of bankruptcy under Chapter 7 in Indiana bankruptcy court begins as soon as one moves the petition for bankruptcy along with the financial statement and schedules. Bankruptcy petition in Indiana courts may also be filed under Chapter 13 of the bankruptcy laws. It is the one most resorted to in case of an individual bankruptcy. It is also known as "wage earners bankruptcy". After filing for this bankruptcy, the individual can pay off his debts over a certain period of time. One can file for a Chapter 13 bankruptcy only when an individual has a regular income.

The number of cases that have been filed in the Indiana bankruptcy court can be determined from the records of the court documents available online. These give a fair idea of the cases and the categories in which they were filed. For example in 2002, the total number of cases that were filed under Chapter 7 was 43015. While there were 196 cases that were filed under Chapter 11, 10307 bankruptcy cases were filed under Chapter 13 of the state bankruptcy laws. There is enough data relevant data that can be found browsing through the court records as the number of cases filed in each district of Indiana also forms a part of the statistics. In 2002, there were 32656 bankruptcy cases filed in southern district while there were 20864 bankruptcy cases filed in the northern district of Indiana.

According to the law of the land bankruptcy cases cannot be filed in the state courts and the cases therefore must be registered with the local bankruptcy courts. The Northern District Court of Indiana and the Southern District Court of Indiana have the authority over bankruptcy cases in the state.

The object of the Federal Bankruptcy law is to offer the honest debtor an opportunity to make a fresh start. Credit Card Debt Calculator can help you to find out whether you need a fresh start and if so, how you can go about it. It can also determine how long it would require for you to pay off your credit card debts if you do not utilize it further.Once you have filed for a bankruptcy petition in Indiana, you may still retain certain articles. The bankruptcy laws that are state specific determine what you can keep. Bankruptcy Information allows one to search for state exemptions. Additionally certain states have the option to choose federal exemptions over the state exemptions. These are ? Arkansas, Connecticut, Hawaii, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Pennsylvania, Rhode Island, South Carolina, Texas, Washington, and Wisconsin.

The exemptions include homestead or personal property used as residence not exceeding $10,000. However property held as tenancy may be exempt as debt incurred by one spouse. In case of insurance the exemptions cover fraternal and social benefits, group life insurance policy, mutual life or accident proceeds, and life insurance policy; cash value, proceeds or other if the beneficiary is the spouse or dependant of the insured person, or life insurance proceeds if clause prohibits proceeds to be used to pay the s creditors of the beneficiary. Property of business partnership is exempted. The pensions of the firefighters, police officers and sheriffs (only benefits), state teachers, public or private retirement benefits are also exempted under the state bankruptcy laws. Public benefits such as crime victims' compensation, health aids, workers' compensation, and unemployment compensation are also exempted. National Guard uniforms, arms and other equipments are exempted. In case of wage earners a minimum of seventy five percent is exempted. If your income falls under the low-income category then a bankruptcy judge may authorize more.

Apart from these a Chapter 7 case allows you to keep all the property that is exempt from the creditor's claims. However, while determining if your property is free from exemption, there are a few things that you must consider. The value of your property for instance is measured in terms of its present market value rather than the price you paid to buy it. A trustee therefore, is interested in the resale value of your property.

You may also need to look at the monetary value of your property or business beyond any amounts owed on it in mortgages, claims, liens, etc. This implies that you count your exemptions based on full value of your property minus the money that you owe on mortgages, claims, or liens. For instance, if your residence is worth $50,000, and you have a mortgage of $30,000 on it then you should count your exemption against the $20,000 equity which is your investment on you residence.

The bankruptcy records of the courts under the Seventh Circuit Bankruptcy Court are available from a number of resources. All court records are accessible to the public and thus available with ease. The Public Access Court Electronic Records or PACER gives all necessary details regarding the court bankruptcy records. A number of non-government websites also offer information about the bankruptcy records like the names and profile of the individual or business, the lawyers who were involved, the case numbers, and such others.

There are two Wisconsin Bankruptcy Courts, one is Wisconsin Eastern District Court, and the second one is Wisconsin Western District Court. Wisconsin Eastern District Court is located at Green Bay, Kenosha, Manitowoc, Racine, Oshkosh, and Milwaukee.

Wisconsin Western Bankruptcy District Courts are located at Eau Claire, La Crosse, Wausau, and Madison. This Wisconsin Western Bankruptcy District courts works for the countries like Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, etc.

However, the debtors of Wisconsin may go for the option of federal application while it is already decided that those would attend federal exemptions cannot avail sate bankruptcy exemption facilities. However, there are some provisions for availing state exemptions while getting federal exemptions, in these cases federal exemptions are enjoyed as additional factor to state exemptions. However, if somebody lives in a state where there is chance to enjoy federal exemptions and federal exemptions are used against the filing method, then that person will not be able to include federal exemption for your future support.

Winsconsin Bankruptcy Court forms a major portion of the seventh circuit bankruptcy courts. Wisconsin bankruptcy court is the sole authority responsible for dealing with all matters related to cases of bankruptcy within the state of Wisconsin.

The Wisconsin bankruptcy court has two divisions at state level based on the geographical locations which the court covers. These divisions are therefore based on the eastern and western halves of the state. Thus you will find bankruptcy courts for the western district of Wisconsin as well as for the eastern district of Wisconsin.

The bankruptcy courts in the state of Wisconsin deals with bankruptcy under all possible chapters such as the most popular chapter 7, chapter 13 for people looking to repay their debts as well as filings under chapter 11. The process of filing for bankruptcy in the state of Wisconsin involves filling up of a specially purchased bankruptcy form that is available from the court authorities. Subsequently, it is submitted to the bankruptcy court.

The court considers every bankruptcy plea that goes through it and gauges whether it can be approved. In case a bankruptcy filing is approved, the necessary procedures are set into motion. For example, for a chapter 7 bankruptcy filing, the properties and assets of a person or a company are frozen so that creditors cannot get their hands on these assets. This offers temporary reprieve for the debtors. A short time later, the first meeting of all the creditors and the debtor is arranged. This meeting is famously referred to as the "341? meeting where, in the presence of court authorities; the creditors can ask questions to the debtor about the financial status and other similar matters.The Wisconsin Bankruptcy Court maintains records of all bankruptcy pleas that it receives and these records are made available to the public so that the information can be used in cases such as a background check. With fraud on the rise in a struggling post recession economy, it is imperative that when you hire a new worker or domestic help, you cross reference the background records with state or federal databases containing court records. Bankruptcy information can shed useful information about a candidate's finances and can be a pointer towards his trustworthiness.

The Wisconsin court bankruptcy records can easily be viewed and downloaded online through programs such as PACER. Under the pacer program, electronic records of all courts are made public. However, to access records under PACER, you will have to go through a simple registration process. There is a fee attached to viewing records that is as little as 8 cents.

The Wisconsin Bankruptcy Court makes it even easier for users to access court records by offering their own twenty-four hour phone based record retrieval system. It is fully automated system that uses voice based commands to allow users to access bankruptcy records free of charge.

The National Archives features as another great option to access Wisconsin bankruptcy records. You can perform a manual search of the archives at any of the National Archives and Records Administration center. As an alternative, you can fill up the order forms that are available online on the NARA website. This will enable you to get the records that you need regarding bankruptcy in Wisconsin delivered directly to you. Delivery can occur through conventional post as well as electronically through email. For advanced research, independent researchers can also be hired to look through the records.

As per all other bankruptcy courts in the different states across United States, the state of Wisconsin Bankruptcy court provides a detailed record of the cases filed under this state court, the cases filed under the different chapters such as chapter 7, chapter 11, chapter 13 and also about the exemptions provided by the same pertaining to filing of a bankruptcy case. These exemptions are covers all the chapters under which the bankruptcy cases are filed as per the jurisdiction of the state bankruptcy court of Wisconsin. Some of the important exemptions provided by the Wisconsin state court of bankruptcy are:

  • Homestead
  • Any personal property or real estate which is intended for residing up to the value of US$ 40,000 is exempted under the section 815.20. The income from sales is exempted pertaining to sale of a property with the intension of buying another.
  • Insurance
  • Insurance pertaining to disability by any federal organization is exempted under the section 815.18(3) (ds)
  • Income from destruction by fire based benefits pertaining to exempted property is exempted under the section 815.18(3) (e)
  • All kinds of society or brotherhood based benefits are exempted under the section 614.96
  • Proceeds from life insurance policy or the policy itself up to the value of US$ 5000 exempted in case the beneficiary is a married woman under the section 766.09
  • All types of life insurance incomes held by the insurer exempted under the section 632.42, if that is mentioned in the clauses of the insurance policy that it cannot be used to pay the creditors of the beneficiary
  • Proceeds from the life insurance policy if the insurer supports the beneficiary in financial terms, or for the beneficiary who needs support is exempted under the section 815.18(3) (I) (a)
  • All types of non-matured life insurance policies apart from insurance policies for credit cards, policies owned by insuring debtors, dependent of a debtor and a person on whom the debtor depends is exempted under the section 815.18(3) (f)
  • All types of accumulated income, loan interest, or the loan value up to US$ 4000 from non-matured insurance policies, in case the debtor is the owner of the policy, debtor has a dependent is exempted under the section 815.18(3) (f)
  • Miscellaneous
  • All kinds of financial support, other types of support of alimony to a child are exempted under the section 815.18(3) (c)
  • Any real estate or personal property that is being utilized by the partnership business is exempted under the section 178.21
  • Pensions
  • Pensions for the employees of the municipality of certain designations are exempted under the section 66.81
  • Pensions for police officers, firefighters who has been part of a city based fire or police service with a population of more than 100000 are exempted under the section 815.18(3)
  • Pensions pertaining to military or defense personnel are exempted under the section 815.18(3)
  • All types of public and private retirement benefits are exempted under the section 815.18(3)
  • Pensions pertaining to any type of employees of the public services are exempted under the section 40.08(1)
  • Personal Property
  • Provision for burial or a burial plot is exempted under the section 815.18(3) (a)
  • Any kind of bank deposits are exempted up to the value of US$ 1000 under the section 815.18(3) (k)
  • Any kind of bad debt or future earnings which was lost but recovered and is needed for supporting a dependent is exempted under the section 815.18(3) (I) (d)