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FAQs
Judges Chambers/Clerk's Office
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11. Where do I file bankruptcy documents?
You can mail or bring your document into the appropriate court. The court is open Monday through Friday from 9:00 am to 4:30 pm except legal holidays.
If the bankruptcy case you are filing the document for is located in one of the following counties: Cook, DuPage, Lake, Kane, Will, Grundy, LaSalle, or Kendall
Please file your document at this location:U.S. Bankruptcy Court
Dirksen Federal Building
219 S. Dearborn St. - Room 710Chicago, IL 60604
(312) 435-5694If the bankruptcy case is located in one of the following counties: Boone, Carroll, DeKalb, JoDaviess, Lee, McHenry, Ogle, Stephenson, Whiteside, or Winnebago
Please file your document at this location:
U.S. Bankruptcy Court
327 South Church Street
Rockford, IL 61101
(815) 987-4350See our locations here
You may use Electronic Drop Box (eDB)
https://www.ilnb.uscourts.gov/electronic-drop-box-edb
You may also use Electronic Self-Representation (eSR)
http://www.ilnb.uscourts.gov/electronic-self-representation-esr
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12. Who can file bankruptcy?
A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trust cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney.
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13. Who can you notify regarding a fraudulent Filing?
Investigations of alleged bankruptcy fraud are the responsibility of the U.S. Trustee. Here is a link to the local U.S. Trustee
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14. Who do I contact to solicit for court business?
Contact out Procurement Department at 312-435-6048
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15. Who does an e-filer need to contact if he files something and later changes his mind?
You can contact the Court at 312-435-5694 (Chicago) or 815-987-4350 (Rockford).
(See ECF Administrative Rules) Administrative Procedures for CM/ECF
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16. Who should E-filers representing the U. S. Government call to get a fee cleared because ECF is requesting payment?
Contact Fiscal Department at 312-435-5622
Common Terms and Definitions
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12. 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
https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx
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13. What is a reaffirmation agreement?
A reaffirmation agreement is an agreement between the debtor and a creditor to continue paying a dischargeable debt after the bankruptcy, usually for the purpose of keeping collateral or mortgaged property that would otherwise be subject to repossession.
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14. What is an "order confirming plan"?
It is an order signed by a judge approving the plan of reorganization. In chapter 11 cases, following the filing of the disclosure statement and plan of reorganization and notice to all creditors and interested parties, a hearing is held before the bankruptcy judge to consider the plan. If the plan is approved, an order is signed by the judge. The order forms a basis for the treatment of creditors’ claims, as set forth in the plan of reorganization. An order confirming plan is also issued in chapter 12 and chapter 13 cases after the plan has been approved by the bankruptcy judge.
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15. 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.
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16. 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
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17. What is the "means test"?
It is a test applied by section 707(b)(2) of the Bankruptcy Code to determine whether an individual debtor’s chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor’s aggregate current monthly income over five years, less certain statutorily allowed expenses is more than (a) $10,950, or (b) 25% of the debtor’s nonpriority unsecured debt, as long as that amount is at least $6,575. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
https://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx
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18. What is the difference between a denial of discharge and a debt being nondischargeable?
When a debtor is denied a discharge under section 727 of the Bankruptcy Code, he or she obtains no discharge of debts in any way, shape, or form through the bankruptcy case. On the other hand, a determination of non-dischargeability under section 523 of the Bankruptcy Code impacts only the particular debt involved in the analysis.
eSR (Using eSR)
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What if I need to make changes after I submitted my eSR petition?
If you need to make changes after you receive a confirmation number but before your bankruptcy petition is officially filed:
- Contact the Bankruptcy Clerk’s Office to return the petition package. You will receive an email confirming the petition package has been returned.
- Log back into the Electronic Self-Representation website by clicking here.
- Click on Continue a Petition Packet Tab and login.
- Click on drop down #6: Petition Package on the left side panel. Then click on the Review and Submit link.
- Click on the checkbox at the bottom of the page “To restore this petition and make it available for changes….”
- Click on Restore Package button.
NextGen Account Readiness
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12. When do I need to upgrade my PACER account?
You should upgrade your PACER account if the account indicates Legacy. Click on upgrade to upgrade the PACER account. www.pacer.uscourts.gov
eSR (After using eSR)
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What happens after I submit my eSR petition?
After submitting your petition, you will receive an email confirming the electronic receipt of the bankruptcy petition. The bankruptcy petition will NOT be officially filed, and a case number will NOT be assigned until the court has received the items listed on the confirmation email. The documents are due within 10 days of the date of the confirmation email. The following options are available for submitting your required documents:
- Drop them off at Intake counter or in Drop-box at courthouse
- Email them in PDF format to prosebankruptcy_efiling@ilnb.uscourts.gov
- Mail them by U.S. mail to the clerk’s office at the courthouse
Chicago Rockford US Bankruptcy Court
Eastern Division
219 S. Dearborn, Rm 710
Chicago, IL 60604US Bankruptcy Court
Western Division
327 South Church Street
Rockford, IL 61101 -
Is there any information that I should not include when completing my petition via eSR?
You should not include any personal identifying information in your petition. Examples of personal identifying information include bank and credit card account numbers, names of minor children, and Social Security numbers. Including this identifying information may mean you will have to file amended documents deleting the information, delaying your case.
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What additional forms need to be completed after submitting my petition via eSR?
Please refer to the confirmation email.
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How do I know where to submit my additional forms and bankruptcy filing fee?
Deliver the Declaration Regarding Electronic Filing (Self-Represented Individual) (Form G-20), Statement About Your Social Security Numbers (Official Form 121) and filing fee (or an Application for Individuals to Pay the Filing Fee in Installments (Official Form 103A) or an Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) (Chapter 7 only)). These documents must be signed with an original handwritten signature. Also submit the original Certificate of Credit Counseling, if available, and a copy of a government-issued photo ID. The following options are available:
Chicago Rockford US Bankruptcy Court
Eastern Division
219 S. Dearborn, Rm 710
Chicago, IL 60604US Bankruptcy Court
Western Division
327 South Church Street
Rockford, IL 61101 -
Can I print my bankruptcy petition after the submission?
You can view or print your bankruptcy petition package as it was submitted by logging into the Electronic Self Representation site and selecting section 6: “Petition Package”.
