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Wrong William Altenberger?

Hon. William V. Altenberger

Direct Phone: (309) ***-****       

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Bankruptcy Information

116 Federal Bldg. 100 NE Monroe St.

Peoria, Illinois 61602

United States

Company Description

Bankruptcy Information was founded with one goal in mind: to provide a comprehensive resource for consumers exploring bankruptcy and for legal professionals seeking to extend their knowledge of the bankruptcy laws. The site is designed to be a straightfor ... more

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Background Information

Employment History



Illinois Central District Court Judge

Web References (16 Total References)

Illinois Bankruptcy Court Information [cached]

Hon. William V. Altenberger Bankruptcy Clerk 116 Federal Bldg. 100 NE Monroe St. Peoria, IL 61602 (309) 671-7075

William Altenberger ... [cached]

William Altenberger

However, in a little-noticed decision ... [cached]

However, in a little-noticed decision from July, 2012, Judge William Altenberger limited the Illinois homestead exemption and may have eliminated the right to obtain a judgment lien avoidance too. In the Kimberly Clemons case, the court considered the situation where a debtor had no equity in a home but asserted an exemption anyway. That is, the debtor's home was worth less than the mortgage she had given on it, so there was no equity. She also claimed a homestead exemption in the property, while there was a large judgment (related to a mechanic's lien claim) on it.

The court concluded that the debtor could not assert an exemption in her home because the Illinois exemption is limited to her "interest" therein which itself was limited to only equity in it. So if you have no equity, you have no exemption. Judge Altenberger based this position on a 1989 decision by Judge Meyers (In re Jennings, 107 B.R. 165) which reached the same conclusion about the motor vehicle exemption.

Batty Law Firm, LTD - Court Directory [cached]

Hon. William V. Altenberger Bankruptcy Clerk 116 Federal Bldg. 100 NE Monroe St. Peoria, IL 61602 (309) 671-7075

Bankruptcy Basics from the Experts | Illinois State Bar Association [cached]

Hon. William V. Altenberger, Chief Judge, U.S. Bankruptcy Ct., Peoria

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