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Bankruptcy Attorney Des Plaines

Struggling with debt in Des Plaines? Bankruptcy might provide the relief you need. Our knowledgeable bankruptcy attorneys can guide you through the bankruptcy process, helping you regain financial stability and a fresh start.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

Learn how we service your area through our Remote Location Approach.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.

Marvin

"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Bankruptcy Attorney Des Plaines:

Bankruptcy is the last resort for many, but for those drowning in debt, a Des Plaines bankruptcy lawyer can be a crucial source of legal and emotional support. Our Des Plaines bankruptcy lawyers specialize in Chapter 7 bankruptcy, helping individuals and businesses discharge unsecured debt and start fresh. We focus on Chapter 7 but also provide info on Chapter 11 and Chapter 13 so you can understand the debt relief options.

Filing Chapter 7 will stop foreclosure, wage garnishments, and creditor harassment immediately and give you time to rebuild your financial future. You need to work with an attorney who knows Illinois bankruptcy law to protect your rights throughout the process.

Chapter 7 Bankruptcy: Start Fresh

Chapter 7 bankruptcy, also known as “liquidation bankruptcy,” allows individuals and businesses to eliminate most unsecured debt, such as credit card debt, medical bills, and personal loans. This may involve liquidating some non-exempt assets to pay off creditors as part of the bankruptcy process. Consulting with an experienced bankruptcy lawyer is crucial to navigating this complex legal procedure and optimizing your outcomes. But Illinois law provides exemptions for essential assets so you can keep your home, car, and personal belongings.

Our Des Plaines bankruptcy lawyers will walk you through the entire Chapter 7 process and make sure all the paperwork is filed correctly and on time. Some of the benefits of Chapter 7 include:

  • Discharge of Unsecured Debt: Chapter 7 eliminates most unsecured debt so you can start fresh without the weight of too much debt.
  • Automatic Stay: As soon as you file Chapter 7, an automatic stay goes into effect and stops creditor actions like foreclosure, wage garnishments, and debt collection calls.
  • Fast Resolution: Chapter 7 cases typically take a few months to resolve so it’s a faster route to financial recovery than other types of bankruptcy.

To file Chapter 7 you must pass the means test which determines your income and expenses to see if you qualify. Our bankruptcy lawyers will help you through this process and make sure your application is filed correctly.

Chapter 13: Informational Purposes Only

We don’t currently handle Chapter 13 cases, but we know some people may not qualify for Chapter 7 or want an alternative. Chapter 13 is a “reorganization bankruptcy” that allows individuals to restructure their debt into a payment plan over 3-5 years. During this time debtors make monthly payments to a bankruptcy trustee who distributes the funds to creditors.

Some of the features of Chapter 13 include:

  • Asset Protection: Unlike Chapter 7, Chapter 13 allows you to keep your home, car, and other assets as long as you make payments under the court-approved plan.
  • Debt Repayment: Chapter 13 helps you catch up on missed mortgage or car payments which can prevent foreclosure or repossession. This is a key aspect of foreclosure defense.
  • Consolidation: Chapter 13 consolidates your debt into one monthly payment so you can manage multiple financial obligations.

If you think Chapter 13 is right for you, talk to a bankruptcy lawyer who handles Chapter 13 filings.

A Client’s Chapter 7 Success

One of our clients, a single mother from Des Plaines, was drowning in credit card debt and medical bills after an unexpected surgery. Despite working multiple jobs she was falling behind on payments and being hounded by creditors. Feeling overwhelmed and not knowing what to do she reached out to our bankruptcy lawyers.

After reviewing her situation we determined Chapter 7 was her best option. This allowed her to discharge her unsecured debt and get a fresh start. We walked her through the entire process from the bankruptcy filing to the 341 meeting of creditors. Within a few months, her debt was discharged and she was back in control of her finances and able to start rebuilding her future without the weight of debt.

This client’s story shows how Chapter 7 can be a fresh start for those with overwhelming financial problems. By working with our Des Plaines bankruptcy lawyers she was able to get back in control and start rebuilding her financial security.

When is Bankruptcy the Right Option?

Bankruptcy may be the right solution if you’re dealing with financial problems you can’t solve on your own. Here are some signs that Chapter 7 may be the answer:

  • Creditor Harassment: If creditors are calling nonstop, threatening to sue, or garnishing your wages bankruptcy can provide relief through the automatic stay.
  • High Unsecured Debt: If you have high levels of unsecured debt, such as credit card bills or medical expenses, Chapter 7 can discharge those obligations.
  • Foreclosure or Repossession: Chapter 7 can temporarily stop foreclosure or repossession so you can explore your options.
  • Can’t Pay Monthly Expenses: If you can’t pay your living expenses or debt payments bankruptcy may be the way to financial stability.
  • Legal Help: Obtaining legal help is crucial during the bankruptcy process. Lawyers can guide you through the complexities of post-filing life, offering not just legal advice but also a supportive partnership to ensure you can navigate your financial recovery effectively.

What Happens After Filing?

After you file Chapter 7:

  • Automatic Stay: This immediate protection, known as a bankruptcy stay, stops most creditors from collecting, including lawsuits, wage garnishments, and foreclosures.
  • 341 Meeting: You’ll attend a 341 meeting with your bankruptcy trustee and creditors where they can ask you questions about your financial situation.
  • Discharge of Debt: After your case is reviewed and all proceedings are complete, most of your qualifying unsecured debt will be discharged and you won’t have to pay anymore.

We’ll be with you every step of the way to make sure your rights are protected, and you know what’s best for you.

Other Options

While Chapter 7 bankruptcy can be a big help, other debt-relief options may be better for you. These include:

  • Debt Consolidation: Combining multiple debts into one loan with a lower interest rate can make payments more manageable.
  • Debt Settlement: Negotiating with creditors to settle your debt for less than the full amount can be relieved without bankruptcy.
  • Credit Counseling: Working with a credit counselor to create a budget and repayment plan may help you avoid bankruptcy altogether.

Consider taking advantage of a consultation to discuss your financial situation with an experienced lawyer and explore these options.

Why Our Des Plaines Bankruptcy Lawyers?

  • Individual attention to your situation
  • Guidance from start to finish through the Chapter 7 process
  • Court and 341 meeting representation
  • Debt relief alternatives when needed

Bankruptcy can be complicated but we’re here to help you understand your options and make the best decision for you. Contact us today to learn more about how our Des Plaines, IL bankruptcy lawyer can help with your Chapter 7 in Des Plaines.

Directions to our Des Plaines, IL office:

From Arlington Heights (via IL-12 E):

  • Take IL-12 E (Rand Rd) southeast.
  • Continue on Rand Rd for about 6 miles.
  • The destination will be on the right.

From Mount Prospect (via US-14 W):

  • Take US-14 W (Northwest Hwy) towards Des Plaines.
  • Turn right onto Rand Rd.
  • Continue for 1.5 miles, and the destination will be on the right.

From I-294 S (Tri-State Tollway):

  • Take the exit for US-12 W/IL-58 W (Golf Rd) and head west.
  • Turn right onto Rand Rd (IL-12).
  • Continue for 2 miles, and the destination will be on the left.
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Location

Office Address

960 Rand Rd STE 200-C

Des Plaines, IL 60016

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Hours of Operation

Monday
9:00am - 6:00pm
Tuesday
9:00am - 6:00pm
Wednesday
9:00am - 6:00pm
Thursday
9:00am - 6:00pm
Friday
9:00am - 6:00pm
Saturday
Closed
Sunday
Closed

Attorneys

Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

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- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Bankruptcy Attorney Des Plaines

When to File a Chapter 13 Bankruptcy vs. a Chapter 7 Bankruptcy

A Chapter 7 bankruptcy completely wipes out all the debtor’s dischargeable debts while a Chapter 13 bankruptcy provides for the payment of some or all the debtor’s debts over the course of 3 to 5 years. If, based on the debtor’s income, the debtor will not be able to pay off the full amount of the debts during the allotted time period in a Chapter 13 payment plan, the plan may provide for payment of a portion of the debts, with the remainder of the debt being discharged at the conclusion of the payment plan.    

Read more about When to File a Chapter 13 Bankruptcy vs. a Chapter 7 Bankruptcy

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