Illinois Filing Chapter 7

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"Illinois Filing Chapter 7"

Filing an Illinois bankruptcy case under Chapter 7 stops foreclosures and creditor collections. Filing may be accomplished partially, that is, by submitting core documents and the filing fee, and supplementing within a few days.

The Uniform Local Bankruptcy Rules, under Rule 6(a) provide "The clerk shall be under no duty to file paperwork submitted to the clerk in disarray. The attorney filing any voluntary or involuntary petition shall personally review all petitions, schedules, statements and other supporting documents before delivery to the clerk and shall ensure that all carbon paper shall have been removed and that all such paperwork shall be arranged in logical order. An original and four (4) copies of a petition, schedules, statements and other supporting documents under chapter 7, chapter 12 and chapter 13 of the code shall be filed. An original and six (6) copies of a petition, schedules, statements and other supporting documents shall be filed in all chapter 9 and chapter 11 cases."

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.