Avoid Mistakes When Planning and Filing Illinois Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

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Illinois Bankruptcy Lawyers - "How can I get a discharge?"

A federal presumption favors debtors and their bankruptcy lawyers when seeking discharge. In uncontested cases, the discharge is automatic. In contested cases in which objections or adversary proceedings are filed by opposing bankruptcy lawyers, the debtor retains the favorable presumption. Discharge is withheld only upon a court finding, supported by credible evidence, that the debtor is not entitled to receive relief or their bankruptcy lawyer failed to satisfy all Code requirements. The Federal Rules of Bankruptcy Procedure require that the clerk of the court mail a copy of discharge orders to creditors, trustees, and their respective bankruptcy lawyers.

Illinois Bankruptcy Lawyers - In Practice

Notice of discharge is rather generic. The order mailed to interested parties does not identify the specific debts that are eliminated or debts found to be nondischargeable. To prove a specific debt was discharged, a debtor or their bankruptcy lawyer must have both the discharge order and associated schedules, bearing a court file stamp, to identify the debt. If, for any reason, a debtor fails to receive a copy of the order granting relief, the discharge nevertheless remains effective.

Requirements for discharge and confirmation are complex. Bankruptcy lawyers must carefully construct a financial history for each client before recommending any course of action. Because financial histories are unique, available options under the Code vary. Also, bankruptcy lawyers frequently arrive at different conclusions regarding available options, based on each bankruptcy lawyer's level of experience and expertise. All debtors who have questions regarding discharge and confirmation through the Illinois federal court system should compare the advice of several bankruptcy lawyers to establish the range of options available.

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