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Bankruptcy Attorney Evanston

You’re not alone if you’re drowning in debt. Our Evanston bankruptcy law firm will walk you through the Chapter 7 process and give you a fresh start and control of your financial future.
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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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Top 3 Qualities to look for in Your Attorney

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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 Evanston:

Bankruptcy with an Evanston, IL Bankruptcy Attorney

Bankruptcy allows individuals and businesses to eliminate or restructure debt under the court’s protection. Choosing the right type of bankruptcy for your situation is key, and an Evanston bankruptcy lawyer can help you understand your options and manage various bankruptcy cases. We also provide information on Chapter 11 and Chapter 13 for reference.

What is Chapter 7 Bankruptcy?

Consumer bankruptcy, specifically Chapter 7 bankruptcy, also known as “liquidation bankruptcy,” is for individuals or businesses with little to no income who can’t pay their debt. In this process, non-exempt assets may be sold to pay creditors, and you can discharge qualifying debt and start fresh financially.

Key benefits of Chapter 7 bankruptcy:

  • Full Debt Discharge: Get rid of unsecured debt like credit card debt, medical bills, and personal loans.
  • Automatic Stay: Stops creditor calls and wage garnishments.
  • Fast Results: Chapter 7 usually takes a few months.

To qualify for Chapter 7 you must pass a “means test” which looks at income, expenses, and other financial factors. An Evanston bankruptcy attorney can help you through this test and make sure Chapter 7 is right for you.

A Real-Life Story: Rebuilding After Chapter 7 Bankruptcy

Meet Emily, an Evanston resident who found herself drowning in debt after a job loss and unexpected medical bills. With no steady income, she fell behind on her bills and was getting harassed by creditors. Not knowing what to do she reached out to an Evanston bankruptcy lawyer for help.

After the consultation, Emily and her attorney decided Chapter 7 was the way to go. Her attorney walked her through the paperwork, helped her pass the means test, and protected her assets like her car and personal property. A few months later her debt was discharged, and she was able to rebuild financially debt-free. Today Emily is back to work and saving for the future all thanks to the fresh start of Chapter 7.

This is what Chapter 7 can do for you, providing essential debt relief.

The Chapter 7 Bankruptcy Process

Working with an Evanston bankruptcy attorney makes the bankruptcy process easier. Here’s what’s involved:

  1. Initial Consultation: Tell us about your situation and we’ll determine if you’re eligible for Chapter 7.
  2. Means Test: We’ll evaluate your income and expenses to make sure Chapter 7 is right for you.
  3. Filing the Petition: We’ll file your bankruptcy petition with the court and start the case.
  4. Automatic Stay: Stops creditor actions like repossession and foreclosure.
  5. Trustee Review: A court-appointed trustee reviews your case and may sell non-exempt assets to pay creditors.
  6. Discharge of Debts: Qualifying debts are discharged, and you’re no longer required to pay them.

Chapter 7, Chapter 11, Chapter 13

While we specialize in Chapter 7 cases, it’s good to know the differences between these types of bankruptcy that bankruptcy lawyers can assist with:

  • Chapter 7 Bankruptcy: For individuals or businesses with little to no income who need to get rid of unsecured debt.
  • Chapter 11 Bankruptcy: Used by businesses to reorganize debt and continue to operate.
  • Chapter 13 Bankruptcy: A repayment plan over 3-5 years where individuals can keep assets and pay back some or all of their debt.

Why Work with an Evanston Bankruptcy Attorney

A local Evanston bankruptcy lawyer can provide essential legal help during this tough time and offer:

  • Total Guidance: Explain eligibility, documents, and filing process.
  • Relief from Creditor Harassment: Manage communication with creditors and get you the protection of the automatic stay.
  • Asset Protection: Explain exemptions to protect your belongings from liquidation.

Chapter 7 Bankruptcy FAQs

Bankruptcy can bring up many questions. Here are some of the most common:

  • Will I lose my home or car in Chapter 7? – Exemptions will protect certain assets so you can keep the essentials.
  • How long does Chapter 7 bankruptcy stay on my credit report? – Ten years but starts to fade as you rebuild credit.
  • Can all debts be discharged in Chapter 7? – While many debts can be discharged, some like student loans and child support are generally non-dischargeable. Bankruptcy can also help stop wage garnishment, providing relief for those facing financial difficulties.

What to Do if You’re Thinking of Bankruptcy

Bankruptcy is a big decision. If you’re not sure if it’s for you here are some steps to help you decide:

  • Review Your Financial Situation: Look at income, debt, and monthly expenses.
  • Consult with an Attorney: Talk to an Evanston bankruptcy attorney to learn about the pros and cons. Many offer a free consultation to help you understand your options.
  • Explore Options: In some cases, Illinois-compliant negotiation or debt consolidation may be the way to go.

Takeaways for Individuals Thinking of Bankruptcy:

  • Chapter 7 bankruptcy can give you a clean slate.
  • The means test will determine your eligibility.
  • A local attorney will make the process easy and Illinois-compliant.

If you’re drowning in debt, talk to our bankruptcy attorneys today!

Directions to our Evanston, IL bankruptcy lawyers:

From Skokie, IL:

  1. Head east on Dempster Street.
  2. Turn left onto Gross Point Road.
  3. Continue north; the destination will be on your right.

From Wilmette, IL:

  1. Drive south on Ridge Road.
  2. Turn right onto Old Orchard Road.
  3. Turn left onto Gross Point Road; the destination will be on your left.

From Interstate 94 (Edens Expressway):

  1. Take the Old Orchard Road exit and head east.
  2. Turn right onto Gross Point Road.
  3. Continue south; the destination will be on your 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

2521 Gross Point Rd, Suite 222

Evanston, IL 60201

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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 Evanston

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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