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Monthly Archives: January 2011

International Visitors to Lakelaw

Posted by David Leibowitz on January 30th, 2011 in Bankruptcy Information

Within the last month, we at Lakelaw were pleased to welcome visitors from 53 distinct nations – from Malaysia to Russia and from the Philippines to Costa Rica and many more in between.

Most of our visitors seem to have come for a reason – not just surfing. We couldn’t help but notice how many of our international visitors stayed a while and had a chance to look at several different pages on our site.

If you are an visitor to Lakelaw from overseas, we’re interested in hearing from you. What information can be best provide to help serve your needs and interests? What services might we be able to provide you here in the United States?

We’re looking forward to hearing from you – of course there’s no obligation.

We at Lakelaw send greetings to our friends throughout the world. Enjoy the remainder of your week-end . Come back to Lakelaw often for news and information you can use in your financial life.


Residence or Domicile – what’s the difference? Chicago Mayor Issue

Posted by David Leibowitz on January 26th, 2011 in Uncategorized

People in Chicago have themselves all in a knot. Can Rahm Emanuel run for Mayor? At issue is whether he remained a resident of Chicago while he was living in Washington DC serving as President Obama’s chief of staff.

People who don’t like Rahm are sure that he is evading the law. People who like Rahm thinks that the courts are fixed and that this is just so much political chicanery of the opponents.

We seem to be forgetting a big difference between two legally related terms – terms which sometimes make a difference for the purposes of bankruptcy. These terms are “residence” and “domicile”. “Domicile” is the place where you sleep at night. “Residence” is the place you call home. It’s not that complicated.

A soldier who resides in Illinois in Afghanistan is domiciled there – at least temporarily. Or he might be domiciled at his military base in North Carolina or Georgia if Afghanistan is his temporary duty assignment. All the while, however, he retains his Illinois residence. He can vote in Illinois. He will have an Illinois drivers’ license. He pays Illinois taxes as a resident.

Domicile is a question of fact. Residence is a question of intent. Rahm owned his home in Illinois. Sure he rented it out to pay some expenses while he was working in Washington. But he intended to return. It is his home. It’s been his home for years and he intended to keep it that way.

People can file bankruptcy cases where they reside, where they transact business or where their assets are located. So residence is important.

A snow-bird from Illinois can spend many months a year at a home in the sunshine. However that does not detract from permanent residency in Illinois. Temporarily, that person is domiciled in Arizona, Florida or Hawaii. However, continuously, that person resides in Illinois.

I expect the Illinois Supreme Court to come to this common sense conclusion.


If I file a bankruptcy, can I keep my house in Illinois?

Posted by David Leibowitz on January 21st, 2011 in Bankruptcy, Chapter 13, Chapter 7, Foreclosure - Saving Your Home

Just because you file a bankruptcy case, you don’t necessarily lose your house in bankruptcy.  There are several considerations;

  • Are you behind in your mortgage?
  • Can you catch up?
  • Are you in foreclosure?

If you are not behind in your mortgage, you can file a bankruptcy, even in chapter 7 if you are eligible, keep on making the payments on your house and stay in your house as though nothing ever happened.

If you are behind in your mortgage, or even if you are in froreclosure, you can file a chapter 13, stop the foreclosure, catch up on the mortgage payments, and even fight the mortgage company’s claim in some cases.

If you can’t catch up, and even if you are in foreclosure, bankruptcy will slow down the foreclosure for a little while.  An Illinois mortgage foreclosure takes almost a year to complete from start to finish.  So you probably will have enough time to get ready to move to another residence if you have to file a bankruptcy case in Illinois.

If you are in trouble with your home mortgage and thinking about bankruptcy, contact the experienced attorneys at Lakelaw.  We have the answers to all your questions.

And for more information, visit our Mortgage Defense and Modification pages at lakelaw.com


Milwaukee Archdiocese has filed for Bankruptcy under Chapter 11

Posted by David Leibowitz on January 5th, 2011 in Uncategorized

Even the Roman Catholic Church has been to bankruptcy court.  The Milwaukee Archdiocese of the Roman Catholic Church has filed for protection under chapter 11. If you, or someone you know, has a claim in this matter, it probably will be far more complex than the typical claim in the typical bankruptcy case. And this sort of claim will have to be handled with sensitivity and care not typically found in the typical bankruptcy firm.

Lakelaw represents people with care, kindness, courtesy, respect, professionalism and dedication.  These traits will be of particular importance in a matter which requires not only professional expertise but also exquisite sensitivity.

If you or someone you care about has a claim in this unique matter, Lakelaw invites you to contact us – we’ll treat your case and your claim with the care and discretion you need and deserve – and that includes – if necessary – sealing all records concerning your claim to maintain your privacy.

Call me, David Leibowitz, or my associate, Ryan Blay, at our Kenosha office, 262.694.7300 or toll free at 1.866.LAKELAW (525-3529)


Illinois Law Now Prohibits Job Discrimination on Account of Credit – Bankruptcy

Posted by David Leibowitz on January 1st, 2011 in Life After Bankruptcy, Uncategorized

Happy New Year!

And for Illinois job-seekers with credit problems or who have filed for bankruptcy before, it really is a Happy New Year.

Effective January 1, 2011, it is against the law to discriminate in employment in Illinois based on credit except in limited circumstances.

This Act prohibits discrimination on account of credit history in employment decisions except in the following circumstances:

  • State or federal law requires bonding or security for the position
  • The position includes unsupervised access to cash or assets worth more than    $2500
  • The position involves signatory power over more than $100 per transaction
  • The position is a managerial position which involves setting the direction or control of the business
  • The position involves access to personal or confidential information, trace secrets or State or national security information
  • Department of Labor criteria demonstrate that credit history is a bona fide occupational requirement
  • Credit history is other wise required by or exempt under federal or state law.

So the bad news is that quite a few jobs still might allow for credit checking. But most won’t.

Keep in mind that the Act nevertheless allows for a thorough background check which can include information about the job-seeker – without credit history.

If you feel you have had an issue with this, call Lakelaw.  You may be able to recover damages as well as attorneys fees.


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