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FAQs

Debtor

  1. Is there a charge for this Financial Management Instructional Courses (Debtor Education)? Where am I going to get the money? Do I have to pay?

    There is normally a fee for this course but you might want to check with the same firm where you took the Credit Counseling Course.

  2. Is there any place where they don't charge for the Financial Management Instructional Courses (Debtor Education)?

    There is normally a fee for this course but, you might want to check with the same firm where you took the Credit Counseling Course.

  3. May I convert to a Chapter 7 if my Chapter 13 case is still open?

    Yes. A Chapter 13 case may be converted to a Chapter 7 at any time. You should contact your attorney if you are considering converting your case.

  4. My case was dismissed because I failed to pay all of the installments. Can I file a new bankruptcy case? If so, can I pay the new filing fee in installments?

    Answering this question is considered legal advice and the Court's staff is not allowed to provide legal advice. Please contact an attorney or the Bankruptcy Assistance Desk.

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx

  5. What can I do if a creditor tries to collect money after I filed bankruptcy?

    Inform the creditor you have filed bankruptcy and provide them with your case number.

  6. What can I do if a creditor tries to collect money after I received my discharge?

    Answering this question is considered legal advice and the Court's staff is not allowed to provide legal advice. Please contact an attorney or the Bankruptcy Assistance Desk.

    https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx

  7. What creditors can I include in my bankruptcy?

    You can contact an attorney who provides assistance for Pro Se filers at the Bankruptcy Assistance Help Desk Monday thru Friday from 9:30 am thru 12:30 pm. Located at the Dirksen Federal Building, 219 S. Dearborn St., Chicago, IL 60604 in room 625

  8. What if I don't take the Financial Management Instructional Courses (Debtor Education)?

    Your case will be Closed without a Discharge and a motion to reopen will need to be filed, which has a $260 fee (varies by chapter)

  9. What is a joint petition? Does my spouse have to file for bankruptcy if I file?

    A joint bankruptcy petition is a voluntary bankruptcy petition filed by a married couple. A married couple may choose to file a single joint petition, rather than two individual petitions. For further information please seek legal assistance.

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

    http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx

  10. What is a Meeting of Creditors? What happens there?

    The meeting of creditors is hearing all debtors must attend in any bankruptcy proceeding. It is held outside of the presence of the judge and usually occurs between 20 and 40 days after the filing of the petition. In a Chapter 7, 12 and 13 cases, the trustee assigned to the case conducts the meeting. In a Chapter 11 case, a representative of the United States Trustee’s Office conducts the meeting.

  11. 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.

  12. 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.

  13. What steps do I need to take if I am filing without an Attorney?

    See link on website filing bankruptcy without an attorney.

    http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/FilingBankruptcyWithoutAttorney.aspx

  14. 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

  15. 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.

  16. 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

  17. 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
     

  18. 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

Judges Chambers/Clerk's Office

  1. Can you remove an opinion from the website? It has my name, and occurred a long time ago.

    Sorry we cannot remove any opinions. Opinions, orders, documents,  party information, claims, and other case information are public record. The judicial system is public, and the orders and decisions entered are public.

    On rare occasions opinions on the website may be updated by chambers to correct very minor items, such as a spelling or a typographical error.  The content remains the same.

  2. How can I verify if someone has filed for bankruptcy?
    • If you have a PACER account, you can search using the PACER Party Case Index.
    • You can visit the courthouse and use a public terminal
    • If you know the social security number, you can use the McVCIS system.
    • You can also contact the court via the contact form.

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