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FAQs

Debtor

  1. What services can a Bankruptcy Petition Preparer provide?

    Beware of bankruptcy petition preparers who do not comply with all legal requirements. The role of non-attorney petition preparers is solely to type information on Bankruptcy Forms (available at this link without charge.)

    Petition preparers are barred by law from providing legal advice - they cannot explain how to answer legal questions or assist in bankruptcy court. Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and furnish copies to the debtor. They cannot sign a document on the debtor's behalf or receive payment from the debtor for court fees.

  2. What should I do if I cannot make my chapter 13 payment?

    You should contact your attorney. If you are not represented by one you can contact the trustee for further information.

  3. What steps do I need to take if I am filing without an Attorney?
  4. When do I need to complete the Financial Management Instructional Courses (Debtor Education) class?

    Chapter 7 case - within 60 days of the first date set for the meeting of creditors under 341 of the Bankruptcy Code.


    Chapter 13 case – file no later than the last payment made by the debtor as required by the plan or the filing of a motion for a discharge under 1328(b) (hardship) chapter 13 only


    Chapter 11 case--  For individual only – Debtor certification of Financial Management need, if individual and debtor request Discharge

  5. Where can I go to get my Certificate of Credit Counseling?

    A list of credit counseling agencies can be found on the UST's website  U.S. Trustee Program.

  6. Where do I send this form (Official Form B23), and certificate after I take the Financial Management Instructional Courses (Debtor Education)?

    If you have an attorney, inform him/her to file the form electronically.  Pro Se Debtors can mail it to the U.S. Bankruptcy Court - 219 South Dearborn, Room 713, Chicago, Illinois  60604 - Rockford  Court - 327 Church Street,

    Room 1100,  Rockford, IL 61101

  7. Who can help me to file my Chapter 7, or 13 bankruptcy because I do not have the money to pay a lawyer?

    You can contact an attorney who provides assistance for Pro Se filers at the Bankruptcy Assistance Help Desk. For additional information please select one of the options listed below.

    Bankruptcy Assistance Desk
     

  8. Whom do I contact to sign up to take the financial management course?

    A list of Credit Counseling and Financial Management Instructional Courses as well as information agencies regarding debtor education can be found at:

    https://www.justice.gov/ust/credit-counseling-debtor-education-information

Types of Cases

  1. What is a Chapter 11?

    It is the chapter of the Bankruptcy Code that usually involves a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief under chapter 11.

     

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

  2. What is a Chapter 12?

    It is the chapter of the Bankruptcy Code that provides for the adjustment of debts of a “family farmer” or “family fisherman,” as those terms are defined in the Bankruptcy Code.

     

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

  3. What is a Chapter 13?

    It is the chapter of the Bankruptcy Code that provides for the adjustment of debts of an individual with regular income, often referred to as a “wage-earner” plan. Chapter 13 allows a debtor to keep property and use his or her disposable income to pay debts over time, usually three to five years.

    For further information read the following:

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

  4. What is a Chapter 7?

    It is the chapter of the Bankruptcy Code in which a debtor’s nonexempt assets are liquidated and the proceeds are distributed to creditors. Individual debtors may receive a discharge of their debts.

    For further information read the following:

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

  5. What is a Chapter 9?

    It is the chapter of the Bankruptcy Code that provides for reorganization of municipalities (which include cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts).

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

  6. What is an Adversary Proceeding?

    A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.

     

    In bankruptcy proceedings, an adversary is a civil lawsuit commenced by the filing of a complaint by a party in interest to accomplish a result, such as to recover money or property or to object to the debtor’s discharge. Adversary proceedings are assigned separate adversary proceeding numbers, which are used in addition to the number assigned to the bankruptcy case, and a separate docket file of these proceedings is kept. For more information please consult Fed. R. Bankr. P. 7001.

  7. What is an Involuntary Petition?

    It is a bankruptcy petition filed by one or more creditors against a corporate or individual debtor alleging that the debtor is not paying its bills as they become due and that the debtor should be subjected to bankruptcy proceedings. For further information see 11U.S.C. 303.

     

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx

eSR (Before using eSR)

  1. What is eSR?

    eSR is an online tool to help you prepare a Chapter 7 or Chapter 13 petition when you have decided to file bankruptcy without an attorney.

  2. What are the benefits of using eSR?

    eSR program is free. You pay only the Chapter 7 and Chapter 13 bankruptcy filing fee. Avoid mistakes with eSR’s guided step-by-step process that allows you at least 45 days to complete your petition. Your personal information is accessible only to you using a unique login and password. eSR is accessible 24 hours a day from any Internet-enabled computer. There is no software to download or purchase.

  3. Can attorneys or bankruptcy petition preparers use eSR?

    No, eSR is not available for bankruptcy petition preparers or attorneys. Attorneys must register for electronic filing and file electronically under Local Rule 5005-1. Documents that a bankruptcy petition preparer prepares must be filed at the bankruptcy court’s public service counter or by sending them to the clerk’s office through U.S. mail mail and must be accompanied by the required documents disclosing that a bankruptcy petition preparer was used.

  4. Is there a cost to use eSR?

    No, eSR is free. Although you must pay the required filing fee for a Chapter 7 or Chapter 13 case, there is no additional cost to use eSR.

    No one should charge you for using eSR. If you are asked to pay for using eSR, please report the request to the court by calling the Bankruptcy Clerk’s Office at (312) 408-5000.

  5. How do I use eSR?

    To use eSR, create an account with the your email address and password. This can be done by visiting the eSR homepage. Answer questions about your property, income, and debts. After submitting the petition, the court will send you a confirmation email. You must complete and sign the Declaration Regarding Electronic Filing (Self-Represented Individual) (Form G-20), the Statement About Your Social Security Numbers (Official Form 121), and any other required documents.

    You must also obtain credit counseling from a court-approved credit counseling agency. For additional information on court-approved credit counseling agencies click here.

    The following documents and required filing fee should be delivered, mailed, or emailed (in PDF format) to the bankruptcy court. A bankruptcy petition is NOT considered “filed” and does not receive a case number until these documents are filed:

    A bankruptcy case WILL BE DISMISSED if these required documents are not filed.

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