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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.

Free - 2010 Bankruptcy Strategies Explained

"Illinois Bankruptcy Filing Fee"

All Illinois bankruptcy cases require payment of a filing fee as a condition for filing the petition. Debtors may pay filing fees in installments when supported by an official application. Failure to pay installments can, and probably will, result in dismissal. Once the clerk accepts the filing fee and assigns a case number, deadlines begin counting downward.

The Uniform Local Bankruptcy Rules, under Rule 6 (b)(1) provide "Every petition shall be accompanied by the prescribed filing fee except as provided in subdivision (b)(2) of this rule. [See Rule 1006, Federal Rules of Bankruptcy Procedure and schedule of fees in 28 U.S.C. 1930(a), as amended.] The clerk shall collect such filing fees as well as all other statutory fees and charges provided by Chapter 123 of Title 28, United States Code.

New privacy rules went into effect December 1, 2003 for all Illinois bankruptcy courts. Previously, the social security number for each debtor was made publicly available through the clerk's office in all cases. The new rule now requires only the last four digits to be made publicly available because of the rise in identity theft. Concerns regarding inclusion of the names and ages of minor children within schedules remain hotly debated. The Illinois Bankruptcy Court for the Northern District issued a standing order on February 17, 2004 because of the dischargeability of attorney fees. In a case under Chapter 7 of the Code, where the debtor's attorney agreed to represent the debtor upon the condition of a later written agreement to pay attorney fees after filing, the Court will now allow an attorney to withdraw if the debtor refuses to sign the agreement.

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Information for consumer debtors filing Chapter 7 or Chapter 13 in Aurora, Chicago, Cicero, Elgin, Joliet, Naperville, Peoria, Rockford, Springfield, and Waukegan. State and county bar referral information included, plus legal summaries of state and federal law requirements, lawyer directory, law firm and attorney fee guidelines, and court contact information. Illinois Bankruptcy Laws, Courts & Lawyers | ©Copyright 1997 through 2010 - All Rights Reserved.