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Smith, Pappas & Jones, Ltd. provides business of helping Illinois citizens navigate the often harsh and intimidating legal waters of personal injury, workers compensation and bankruptcy in Charleston, IL.
I came to Smith, Pappas & Jones after a workplace accident that left me facing surgery and permanent disability and I was provided excellent service from the entire time for the whole process. Rodney was the attorney on my case and he clearly demonstrated both a deep technical understanding of his field and decades of experience within it in every conversation. The entire front staff was also consistently warm, helpful, and there to answer every quick question I had along the way. I absolutely would recommend them to anyone else in need of help!
DD
Don Delaney
Oct 6, 2023
5.0
The respect given to people is reason enough to use them let alone the knowledge of the law. Love them.
JW
Jennifer Weber
Sep 15, 2022
5.0
Rodney and his staff have been so helpful and understanding with our workman's comp case. We always knew what was going on and what things meant. He really goes above and beyond for his clients. Checking in and answering concerns we have in a caring and informative way. This process can be lengthy and stressful but Smith law made it easier every step of the way.
RR
Rene Rios
Aug 8, 2022
5.0
Really love this law office they get down to business
CJ
Cathy Johnson
Sep 26, 2020
5.0
Very understanding and kind. Easy to work with and worked quickly.
Frequently Asked Questions About Smith, Pappas & Jones, Ltd.
1. Can I keep my home/vehicle if I file for bankruptcy?
Most likely yes, but if you possess more equity (property value – lien value) in your home or vehicle than Illinois provides protections for, then you may be required to pay back to some of your creditors over 36–60 months.
2. Can bankruptcy stop the foreclosure of my home?
Yes, anytime prior to the sheriff’s sale you can stop foreclosure by filing chapter 13 bankruptcy and proposing the mortgage arrearage, along with any accrued fees, be paid over a three-to-five-year period.
3. What if there is certain debt I’d like to keep?
You cannot keep unsecured debts, like a credit card that you are current on that you use for things like gas and groceries. For secured debts like mortgages and vehicle notes there is a reaffirmation process available, usually if Debtors can show that their budget provides for payment of a secured note, the court will allow for reaffirmation, however the Southern District of Illinois recently implemented a new process in which the Court will have a hearing to examine debtors about the debts they wish to reaffirm and then determine whether reaffirmation is appropriate.
4. What if I co-signed for a debt with a family member?
Whoever you co-signed with will remain liable for the note, if the note is collateralized by property like a vehicle or home, the co-signer will almost certainly be able to retain the property as long as he or she remains current on the obligations of the note.
5. Should I transfer, sell, or give away any titles, deeds, or other valuable property prior to bankruptcy?
No, but if you do, make sure the transfer is for fair market value and understand the transfer may be scrutinized if it is with a friend or family member. In Illinois there is a (4) year look-back period that provides the Chapter 7 trustee a right to take possession of property transferred away for less than fair market value and it is customary for those trustees to do public record searches revealing and title or deed transfers. Furthermore, the personal and real property protections apply only to property in the Debtor’s possession so transferring property away can only worsen the circumstances of bankruptcy.
6. Can I repay a friend, family member, or service provider I want to maintain a relationship with prior to filing?
The trustee is authorized to pursue collection of any debts paid to friends or family members within one year of filing for bankruptcy, and any debts paid amounting to more than $600 in the past 90 days to any other creditor.
7. What if I donate money to my church?
Courts have generally agreed that a tithe amounting to no more than 15% of gross income is permissible.
8. What if Creditors still call and harass after filing/discharge?
After filing, Debtors are protected by the automatic stay, up until discharge, at which point they are protected from all discharged creditors by way of the discharge injunctions. Any collection activity in violation of either of these protections should be addressed by way of a bankruptcy adversary hearing.
9. Can I discharge my student loan debt in bankruptcy?
It’s possible, there is a three-part “undue hardship” test to determine if dischargeability is appropriate, observing your: present ability to pay, future ability to pay, good faith efforts. The dischargeability of student loans is addressed post-discharge by way of adversary hearing, and is NOT guaranteed. In November 2022, a process was introduced whereby the Department of Justice may stipulate to discharge in a proceeding against the Department of Education, however there is no such process with respect to private student loans.
10. Will the newspaper or other local media outlets report that I am filing for bankruptcy?
Usually not, local media outlets tend to focus on city or county court dockets. Bankruptcy is a matter of Federal Jurisdiction, Illinois is made up of (3) federal districts with separate and distinct dockets, each district spans numerous counties. Because the dockets cover such a wide region, many of the filers on the dockets would not pertain to the communities that the local media outlets serve.
Can I keep my home or vehicle if I file for bankruptcy with Smith, Pappas & Jones, Ltd.?
Most likely yes, but if you have more equity in your home or vehicle than Illinois protections allow, you may need to pay creditors over 36–60 months.
Does filing for bankruptcy stop the foreclosure of my home?
Yes, by filing chapter 13 bankruptcy before the sheriff's sale, you can stop foreclosure and pay mortgage arrears over three to five years.
Can I keep certain debts if I file for bankruptcy?
Unsecured debts like credit cards generally cannot be kept; for secured debts like mortgages, reaffirmation may be possible after court examination.
If I co-signed a debt with a family member, what happens to the liability after bankruptcy?
The co-signer remains liable, and if the debt is secured by property, the co-signer can keep the property by staying current on payments.
Should I transfer or sell property before filing for bankruptcy with Smith, Pappas & Jones, Ltd.?
No; transfers for less than fair market value within four years can be reversed, and transferring property can worsen your bankruptcy situation.
What payment options does Smith, Pappas & Jones, Ltd. accept?
They accept cash and checks as payment methods.
What are the regular business hours for Smith, Pappas & Jones, Ltd.?
Monday to Friday, 8:00 AM to 5:00 PM; Saturdays by appointment only; closed on Sundays.
Does Smith, Pappas & Jones, Ltd. offer online appointments and wheelchair accessibility?
Yes, they offer online appointments and have wheelchair-accessible entrances and restrooms.
What nearby places can I visit before or after my appointment at Smith, Pappas & Jones, Ltd.?
You might enjoy visiting South Side Cafe for meals, The Body Club for fitness, or the Jackson Avenue Coffeehouse for coffee.
How can nearby legal services like James M Grant Law or Brainard Law Offices LLC assist me along with Smith, Pappas & Jones, Ltd.?
These nearby firms offer complementary legal services such as wills, trusts, probate, and general litigation which may be helpful depending on your legal needs.
Are there any community services or government offices near Smith, Pappas & Jones, Ltd. that clients might find useful?
Yes, the Coles County Regional Planning and Development Commission and CASA of East Central Illinois offer community and social services nearby.