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DuPage Bankruptcy Attorneys | Bankruptcy Lawyers, DuPage County

If your debt is piling up and you would like a fresh start, call our friendly DuPage bankruptcy attorneys. We offer the experience and skill you need to allow your bankruptcy or debt resolution go as smoothly as possible while protecting your rights. Our affordable rates make our firm a cost-effective solution to your debt problems.
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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!"

How can our DuPage Bankruptcy Attorneys help you?

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 DuPage Bankruptcy Attorneys:

  • We Give You Counsel From Experienced Attorneys, Not Info-Tapes!   Many bankruptcy & dispute resolution attorneys won't even meet their clients until the meeting with the trustee near the end of the bankruptcy case.  When working with O'Flaherty Law, you will have a trusted relationship with our DuPage bankruptcy attorneys from your consultation until long after the conclusion of your bankruptcy case.  We care about our clients and hope to be your advisor for any legal issues. such as estate planning and home purchases, that may arise after your bankruptcy is complete. 
  • We Are Affordable!  Our DuPage County bankruptcy lawyers understand that the last thing that you can afford when considering your options for bankruptcy and debt negotiation are expensive attorney fees.  We are proud of our affordable rates and invite the comparison to other DuPage bankruptcy attorneys.  If you can find a more affordable debt solution, we would like to hear about it.  
  • ​We Have a Wide Network of Resources to Help Get You Back on Your Feet!  When getting your fresh start through bankruptcy, you don't just need an attorney--you need a network of resources to help you get back on your feet.  Because of our deep roots in the DuPage community, we can put you in touch with other DuPage professionals and resources such as lenders, bankers, vehicle solutions, and credit repair solutions to get your new life started the right way.  
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

1515 Legacy Cir., Ste. 1

Naperville, IL 60563

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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!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our DuPage Bankruptcy Attorneys

What Are My Options For Dealing With Debt in DuPage County?

Our DuPage County bankruptcy attorneys are here to help you understand your debt relief options and have written the following articles to help you understand your options under Illinois law.

Individuals dealing with significant debt generally have three options:

  1. Retaining an attorney to negotiate a reduction of the debt and a payment plan;
  2. Filing Chapter 7 Bankruptcy to wipe out your debt; or 
  3. Filing a Chapter 13 Bankruptcy to establish a 3-5 year payment plan for your debt. 
Debt Negotiation

‍Debt negotiation may be your best option if you have less than $15,000.00 in debt, if most of your debt is not dischargeable in bankruptcy, or if you have property, like your home or vehicles that our DuPage bankruptcy attorneys do not think you will be likely to keep in the bankruptcy.  (Read an article by our DuPage bankruptcy lawyers about the types of property you can keep in a bankruptcy). Debt negotiation is a good option for anyone who has too much debt to comfortably pay off through normal budgeting, but not enough debt to have bankruptcy make sense. 

Chapter 7 Bankruptcy

Our DuPage bankruptcy attorneys usually recommend Chapter 7 Bankruptcy for clients who have more than $15,000.00 in debt, who are not ineligible for Chapter 7 bankruptcy due to high income; and who do not have a concern about losing their home or vehicles in the bankruptcy (Read an article by our DuPage bankruptcy lawyers about property that is exempt from collection in bankruptcy).  In a Chapter 7 Bankruptcy, all of your dischargeable debt will be completely wiped out.  Student loans and tax debt are generally not dischargeable.  

Chapter 13 Bankruptcy

Our DuPage bankruptcy attorneys tend to recommend Chapter 13 bankruptcy for individuals who would be a good candidate for Chapter 7 bankruptcy, but are not eligible for Chapter 7 bankruptcy due to income levels or have significant assets that they would be likely to lose in a Chapter 7 bankruptcy.  In a Chapter 13 Bankruptcy, the court will approve a plan whereby your debt will be repaid over the course of 3 to 5 years.  Unlike a Chapter 7 bankruptcy, your debt will not be discharged, but will ultimately be repaid.  Unlike a Chapter 13 bankruptcy, the debtor's property is not collected to satisfy the debt.  Chapter 13 bankruptcy is a good solution to buy individuals with higher incomes or asset levels time to pay off their debts. 

Read more about your Chapter 7 or Chapter 13 bankruptcy options in this article by our DuPage County bankruptcy attorneys.

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Chapter 7 Bankruptcy in Illinois

Our DuPage County bankruptcy team has written the following article to clarify the Chapter 7 bankruptcy process.

The first step in a Chapter 7 bankruptcy occurs when our friendly DuPage bankruptcy lawyers to file your bankruptcy petition and schedules with the Bankruptcy Court for the Northern District of Illinois.  Your bankruptcy schedules provide the court with a detailed description of your assets, liabilities, income and assets.  

After filing, the court will automatically schedule a meeting known as the "First Meeting of the Creditors."  The First Meeting of Creditors is a meeting between you, your attorney, and the bankruptcy trustee.  Despite the title of the meeting, creditors almost never attend.   

‍The bankruptcy trustee is an attorney appointed by the court to review your bankruptcy filings to protect the interests of your creditors and prevent fraud.  At the First Meeting of the Creditors, the trustee will briefly review your bankruptcy schedules and ask you some basic questions.  At the end of the meeting the trustee will determine whether you have any non-exempt assets that can be collected to pay your debts and whether your debts should be discharged. 

If all goes as planned, the case will remain open for a few weeks, during which creditors can object to discharge.  After the meeting, you will be required to take a brief online course regarding financial management and file a certificate of completion with the court.  Once the period for creditors to object to discharge has passed, your case will be closed and your debts will be discharged.  Creditors almost never object to discharge.  

Read the full article by our DuPage County bankruptcy attorneys about Chapter 7 bankruptcy.

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If I File for Bankruptcy Can I Keep My House and Cars?

In this article, our DuPage County bankruptcy attorneys explain how you can keep your most important assets when filing for bankruptcy.

When you file for Chapter 7 bankruptcy in DuPage County, Illinois, you can typically have your debt discharged while keeping your home and vehicles.  Certain assets are exempt from collection by the bankruptcy trustee, meaning that if you have less value in an asset type than the exemption amounts, the trustee will not be able to collect that asset to pay your creditors.

The exemption amounts in DuPage County are a follows:   

  • ​$15,000.00 of equity in your primary residence ($30,000.00 for a married couple filing jointly); 
  • $2,400.00 of equity in vehicles ($4,800.00 for a married couple fling jointly); and
  • a $4,000.00 wildcard exemption that can be applied to any type of asset.  

Many of these exemptions depend on how much equity you have in the property in question. If your equity in an asset is less than the exemption amount, you will be able to keep the asset in the bankruptcy.   

However, if the asset is secured by a loan (such as a mortgage), you will have to sign and file a "reaffirmation agreement" with the bankruptcy court.  A reaffirmation agreement is an agreement between a bankruptcy debtor and the holder of a loan that the loan will not be discharged in the bankruptcy, and that the debtor will continue to make payments on the loan after the bankruptcy. If you have slightly more equity in an asset than the exemption amounts, the trustee still may not choose to collect the asset in your bankruptcy.  

If it appears likely that an asset you value, such as your home, will be in jeopardy in a Chapter 7 bankruptcy, our DuPage bankruptcy lawyers will explore other options with you, such as Chapter 13 bankruptcy and debt negotiations outside of bankruptcy. 

Read more from our DuPage bankruptcy attorneys about bankruptcy exemptions.

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