Chicago Lawyer Blog

Archive for August, 2010

In general Judges announce their decision at the end of small, claims trial. But sometimes judge may want to take additional time to investigate the evidence or research case law before concluding the final judgment.

If the party feels any error on the part of the judge, there are provisions of ten days from the date of the judgment to file for a rehearing with the clerk of the court. Of course, this permission has to be signed by the judge. Thus a new trial can be requested and party has to cite the reason for such motions.

Now the court would decide whether there is any perfect ground for the new hearing. It may grant the rehearing notice or reject the motion.

If you are the unsatisfied party you will have the right to appeal a judgment to the circuit court. For such procedures there is enough complexity. So anyone would advise you to consult an experienced lawyer for proper suggestions. For filing a small claims appeal you can collect the detailed instructions from the clerk of the court. You will get 30 days of time to make an appeal. Circuit court will then review the case, not the facts of the case.

There are some Florida rules of appellate procedure that will govern the court’s review and judgments. A Florida Appellate Attorney can take you through the whole steps and tell you about the Florida bar website to get the detailed procedure. You will get options to correct any clerical mistakes in the judgment.

From the final judgment you can obtain monetary relief. But the motion for relief can be requested if there is any surprise or excusable neglect, Fraud, misrepresentation or other misconducts, recently discovered evidence decided by the court’s end. In general the motion must be requested within 1 year of judgment or after the necessary order and procedures have been entered.

“Discharge in Bankruptcy” – This would be the sole motto of any debtor running short of money to repay the insurmountable debt. In Chicago, number of people fall in prey of dishonest creditors and end up loosing all their life-time savings in repaying or saving their mortgaged properties. Still there is a ray hope- With the considerable help from Chicago Bankruptcy lawyers Debtors can avoid the burden of inescapable debt, get financial relief and start fresh.

But is that all you can expect from a Chicago Bankruptcy Attorney? Of course not, there are more. A legal consultant generally guides a client to pass through tough financial times. He or she would help you to understand the path -how you have come into the situation of debt? What are the viable solutions? How to plan for the future solvency?

There are too man factors involved with bankruptcy and debt and the way outs could also be real confusing for a grief-stricken debtor. Hence one should get aware of nitty-gritty of bankruptcy discharge regulations.

What is discharge notice and who are involved into this process?

Once you file for bankruptcy case, the bankruptcy court clerk sends you discharge notice copies mentioning that under the federal bankruptcy laws, your debts have been relieved. Generally the persons involved in this process are debtor, debtor’s attorney, creditors, trustee, and trustee’s attorney.

What are Chapter7 and Chapter13 bankruptcy discharge?

These are the variety of options through which your debts can be dischargeable. Chapter 7 bankruptcy would take around 4 months of time after the petition is filed. Discharge of Chapter13 bankruptcy occurs after the repayment plan is completed and it would take around 3-5 years of time.

When your bankruptcy discharge can be revoked?

Circumstances where your discharges could be proved fraudulent or your acquired property was not disclosed properly or became failure to produce tested documents.