Are you looking for a Chapter 13 bankruptcy lawyer in Bolingbrook, IL?
At Madden Law LLC, we are a Chapter 13 bankruptcy practice built on 16 years of client representation.
If your home is at risk of foreclosure or you've fallen behind on a car loan in Bolingbrook, Chapter 13 bankruptcy lets you repay the missed mortgage or car payments over time while you keep your home and vehicle. Chapter 13 is a court-supervised repayment plan: you make one monthly payment to a trustee for three to five years, and the trustee pays your creditors. Our Bolingbrook, IL Chapter 13 bankruptcy lawyer can tell you whether a plan is realistic for your household.
Madden Law LLC has two decades of experience handling Chapter 13 cases. Schedule a free consultation to find out whether a repayment plan can work for you.
Chapter 13 Bankruptcy Lawyer Bolingbrook, IL
A Chapter 13 bankruptcy lawyer helps people with a steady income reorganize their debts into a single, court-approved payment plan. Unlike Chapter 7, which can require selling property that the law does not protect, Chapter 13 lets you keep your home, car, and other belongings while you repay all or part of what you owe. The lawyer prepares the plan, files it with the court, and responds if the trustee or a creditor objects.
About 79.1% of occupied homes in Bolingbrook are lived in by their owners, according to Census Bureau QuickFacts for 2020 through 2024. For many of those households, the house is the largest asset they have. That is why a Chapter 13 attorney in Bolingbrook usually begins by reviewing the mortgage and how much of it is past due.
Types of Chapter 13 Bankruptcy Cases We Handle in Bolingbrook
Chapter 13 can handle several debt problems in a single plan. As Chapter 13 bankruptcy attorneys serving Bolingbrook, IL, we see the following situations most often.
- Foreclosure and missed mortgage payments. Filing stops a pending foreclosure. Your plan then spreads the missed payments over three to five years, while you keep paying your regular monthly mortgage.
- Car loans and repossession. Filing stops a repossession in progress. Past-due car payments can be included in the plan, and some car loans can be restructured to lower the monthly payment.
- Income too high for Chapter 7. When a household earns more than the Illinois median and the means test rules out Chapter 7, Chapter 13 still lets you stop collection and repay your debts on terms you can manage.
- Property you want to protect. Some people own property worth more than Illinois law protects, such as a home worth much more than the mortgage balance. Chapter 13 lets you keep that property instead of having a trustee sell it.
- Tax debts. Many tax debts cannot be eliminated, but Chapter 13 allows you to pay them over the life of the plan.
- Co-signed debts. During a Chapter 13 case, creditors generally cannot pursue a relative or friend who co-signed one of your consumer debts. Paying those debts through the plan gives creditors less reason to pursue the person who co-signed.
- Past-due support payments. Unpaid child support or alimony must be paid in full, but a plan lets you pay the overdue amount over three to five years instead of all at once.
- Mortgage modification. If your lender is open to changing your loan terms, the court's loan modification mediation program gives you a structured way to negotiate a more affordable mortgage payment while the case is open.
Why Choose Madden Law LLC as my Chapter 13 Bankruptcy Lawyer in Bolingbrook, IL?
Chapter 13 Plans Built on a Realistic Budget
A Chapter 13 repayment plan only works if you can keep making the payment for its full length. We build each plan around what your household earns and spends, so the monthly payment is one you can sustain. As a bankruptcy lawyer in Bolingbrook, IL, we also account for the regular mortgage, car loan, and tax payments that must continue during the case.
Admitted in the Court That Confirms Your Plan
Every Bolingbrook Chapter 13 case is decided in the U.S. Bankruptcy Court for the Northern District of Illinois. Our founder, David Madden, is admitted to practice in that court, as well as in the Central District of Illinois and the Eastern District of Wisconsin. He has 16 years of Chapter 13 experience and wrote the opening chapters, on evaluating a case before filing, of a 2025 Illinois bankruptcy treatise published for attorneys by the Illinois Institute for Continuing Legal Education. He is a member of the Illinois State Bar Association, holds a bachelor's degree from Michigan State's political science program, and earned his law degree from DePaul University College of Law.
What Is Important To Understand About Chapter 13 Bankruptcy Cases?
Chapter 7 vs. Chapter 13 and What Qualifies
Chapter 7 and Chapter 13 are the two types of bankruptcy most individuals use. Chapter 7 is often faster and eliminates many debts outright, but a trustee may sell any property that is not exempt, meaning not protected by law. Chapter 13 takes longer, and in exchange you keep your property.
- Who qualifies for Chapter 13. You need a regular income, such as wages, self-employment earnings, or retirement benefits. Your total debts must also fall below federal limits.
- How long the plan lasts. A Chapter 13 repayment plan lasts three years if your income is below the Illinois median and five years if it is above.
- What you pay. The plan must pay certain debts in full, such as missed payments on a mortgage for a home you want to keep and most recent taxes. Credit cards and medical bills are often paid only in part.
- What happens at the end. Once you finish the plan, the court enters a discharge, which is an order that releases you from the unpaid balance of most debts included in the plan, such as credit cards and medical bills.
Chapter 13 is not right for everyone. If your income qualifies for Chapter 7 and you have no home or vehicle to protect, filing for Chapter 7 bankruptcy may give you the same relief in a few months instead of several years.
What Is The Chapter 13 Bankruptcy Case Timeline?
Before filing, you complete a short credit counseling course with an approved agency. We then file your petition, your financial forms, and your proposed plan. Filing triggers the automatic stay, which legally halts most collection efforts, including foreclosure and wage garnishment. Your first plan payment to the trustee is due shortly after filing.
A few weeks later, you attend the 341 meeting, where the trustee asks questions about your finances under oath. The judge then holds a confirmation hearing to decide whether to approve your plan. Creditors can object, and plans are sometimes revised.
The payment period makes up most of the case. You make your plan payments for three to five years and keep up with your regular mortgage payments. After the final payment and a debtor education course on personal finance, the court enters your discharge.
What Are Important Aspects of a Chapter 13 Bankruptcy Case?
Most Chapter 13 cases succeed or fail on the same few issues. As a Bolingbrook Chapter 13 attorney, we plan for each of them before your case is filed.
- Staying current on regular payments. Your plan covers past-due amounts, but you still have to make each new mortgage payment on time. Missing those payments can lead the lender to ask the court for permission to resume foreclosure.
- A workable plan budget. The court will not approve a plan that your income cannot support. An overly optimistic budget is one of the most common reasons cases are dismissed.
- New debt during the case. You generally need the trustee's approval before taking on new debt, such as financing a replacement car.
- Changes in your life. A job loss or medical emergency does not have to end the case. Plans can often be modified, and in some cases the court can grant a hardship discharge.
- Accurate paperwork. Every asset, debt, and source of income must be listed. Omissions are among the problems trustees find most often in self-filed cases, and they can delay or derail a plan.
Chapter 13 can also help your credit recovery. By the time of discharge, you have a record of years of on-time plan payments, which can support rebuilding credit after bankruptcy.
What Should You Bring to Your Chapter 13 Bankruptcy Consultation?
These documents let us estimate your plan payment during the first meeting.
- Pay stubs, plus records of any other household income
- Your most recent tax returns and any notices from the IRS or the Illinois Department of Revenue
- Your mortgage statement, any foreclosure papers, and car loan statements, including any repossession notices
- A list of monthly household expenses
- Statements for credit cards, medical bills, and other debts
There is no charge for the first meeting. By the end of a consultation with a Chapter 13 lawyer in Bolingbrook, you will have an estimate of your likely plan payment and a clear sense of whether Chapter 13 fits your situation.
Northern District of Illinois Bankruptcy Court and Local Resources
Bolingbrook residents file Chapter 13 cases with the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division. Each county is assigned a standing Chapter 13 trustee, who collects plan payments and distributes them to creditors. For Will County and DuPage County cases, that trustee is currently Glenn Stearns.
- NDIL Chapter 13 information. The court's Chapter 13 page lists the documents filers must provide, tips for the 341 meeting, and a tool that shows a typical case schedule.
- Chapter 13 trustee directory. This page links to the websites of the district's standing Chapter 13 trustees.
- Loan modification mediation forms. The court runs a Loan Modification Mediation program for Chapter 13 debtors who want to negotiate new mortgage terms. These are the forms used to request and complete it.
- IHDA foreclosure help. The Illinois Housing Development Authority connects homeowners with free foreclosure counseling and warns about common loan modification scams.
Reach Out to Madden Law LLC to Schedule a Consultation
If you want to keep your home or car while you repay what you owe over time, a Chapter 13 plan may be the way to do it. At Madden Law LLC, a free consultation gives you an estimated payment and a plain explanation of the process. We offer evening and weekend appointments. Contact us to meet with a Chapter 13 bankruptcy attorney serving Bolingbrook, IL.