Robert J. Walinski

Robert J. Walinski

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Summary

Since 1983, Robert J. Walinski has been working to serve the professional legal needs of creditors, lenders, and financial companies, throughout Chicago and the state of Illinois. His law firm has focused on creditor's rights, commercial debt collection, bankruptcy, and creditor's litigation matters. Robert currently practices primarily in the field of creditor's rights. However, he brings a broad range of legal and trial experience to the practice.

Fees
  • Credit Cards Accepted
    Call 312-704-0771 to schedule an initial consultation.
Languages
  • English: Spoken, Written
Education
Loyola University Chicago School of Law
J.D. (1976)
Northwestern University
B.A. (1971)
Awards
AV Preeminent Rating,
Martindale-Hubbell
2010-2012
Professional Associations
Illinois Creditors Bar Association
Member
Current
Illinois State Bar # 2921359
Member
Current
Websites & Blogs
Website
Walinski & Associates, P.C.
Blog
Walinski & Associates, P.C.
Legal Answers
13 Questions Answered

Q. Can I get an extention of time to file amended pleadings if I hire an attorney?
A: Nothing is ever guaranteed but generally courts bend over backwards to give foreclosure defendants every opportunity to present a defense. Especially if the defendant is pro-se. So the answer is very probably you can get an extension of time to plead.
Q. How will filing for bankruptcy affect my bank's foreclosure threats?
A: Not much. The lender can ask for relief from the automatic stay in order to proceed, or simply wait for your discharge then proceed.
Q. If I file bankruptcy and have secured loan will they take that vehicle used?
A: The trustee would only take a motor vehicle if there were substantial equity in the vehicle. The cost of administering an asset, including taking possession, storage, expenses of sale and the court time involved in getting a approval for the distribution of the proceeds are usually prohibitive. Usually the trustee will choose to abandon his interest.
Q. Is there a cap on the number of bankruptcies you can file in your lifetime?
A: No.
Q. Will my 401K be safe if I file for bankruptcy?
A: Yes. ILCS 5/12-1006 contains the exemption for retirement plans and a 401k falls within the definition of a retirement plan contained in the statute.
Q. If I don't want to contest the foreclosure proceedings that I'm named in in Illinois, do I have to file an answer?
A: Provided that you do not wish to retain whatever interest you have in the property, no. You will be defaulted and your interest foreclosed. Of course if the complaint seeks a personal deficiency against you as the mortgagor you would probably want to file an appearance and answer.
Q. What form do I need to file in order to be added to a forclosure case, and speak on behalf of the heirs/ defendants
A: Unless you are an attorney you cannot represent your mother. You also cannot "add" yourself as a defendant unless you have some legal or equitable interest in the real estate, and it doesn't sound like you do. Assuming your mother is a named defendant she should file an appearance in her own name.
Q. I’m filling chapter 13 and the trustees asked for a tax language.... what do that mean
A: The trustee wants your plan to include a provision that your Federal income tax refund or some portion of it be paid into the plan. Chapter 13 requires all of your disposable income be paid into the plan. The refund is part of your income. This provision trips up a lot of debtors because the refund goes directly to the debtor who must then turn it over to the trustee. Many people can't bring themselves to do that. The trustee then has grounds to move for dismissal for failure to comply with the plan. The case gets dismissed and the debtor is back where he started.
Q. Is my spouse responsible for a debt I had before we were married such as a mortgage loan that's only in my name
A: No he is not liable for the underlying mortgage debt. The mortgagee has in all likelihood named him because he is an occupant. That gives him an interest in the property. Naming him and obtaining jurisdiction over him gives the foreclosure court the ability to extinguish that interest.
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Contact & Map
2215 Enterprise Drive Suite 1512
2215 Enterprise Drive Suite 1512
Westchester, IL 60154
USA
Telephone: (312) 985-7214