how to file bankruptcy in il without a lawyer

by Prof. Zita Bogisich IV 7 min read

  1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
  2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
  3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
  4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
  5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can I file bankruptcy without a lawyer?

But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases). While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

What are the steps to file bankruptcy in Illinois?

1 Collect Your Illinois Bankruptcy Documents. ... 2 Take Credit Counseling. ... 3 Complete the Bankruptcy Forms. ... 4 Get Your Filing Fee. ... 5 Print Your Bankruptcy Forms. ... 6 Go to Court to File Your Forms. ... 7 Mail Documents to Your Trustee. ... 8 Take Bankruptcy Course 2. ... 9 Attend Your 341 Meeting. ... 10 Dealing with Your Car. ...

Do I have to take credit counseling before filing bankruptcy in Illinois?

Everyone who wants to take advantage of the protections the bankruptcy code offers by filing bankruptcy in Illinois has to first complete a credit counseling class. In fact, without completing this class first, you are not eligible to be a debtor in any bankruptcy case.

What happens if I Can’t pay my Illinois bankruptcy fees?

If you’re unable to pay the fee, whether that's in full at one time, or at all, you can still file for bankruptcy protection. If your income is less than 150% of the federal poverty guidelines, and you don’t make enough to cover your basic expenses, the Illinois Bankruptcy Court may waive your filing fee.

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Do you need a lawyer to file bankruptcy in Illinois?

If you're not or your case is complicated, then an attorney might be well worth the money. Attorney fees are usually the biggest expense of filing bankruptcy, but they're not usually necessary for a simple Chapter 7 (a “liquidation” or “straight” bankruptcy) case.

How much does it cost to file for bankruptcy in Illinois?

Filing for bankruptcy in Illinois costs $299 for a Chapter 7, or liquidation, bankruptcy, and $274 for a Chapter 13, or reorganization, bankruptcy. However, federal law does provide that the Chapter 7 filing fee may be waived if your household meets certain income limits prescribed by the federal government.

What happens if you file for bankruptcy in Illinois?

In a Chapter 13 bankruptcy, you must pay your creditors in full if you can. If that is not possible, you must pay all of your disposable income for 3-5 years. Disposable income is the income left over after paying necessary living expenses. Once the repayment plan is completed, you will get a discharge of your debts.

What is the income limit for Chapter 7 in Illinois?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Is it better to file a Chapter 7 or 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

What assets are exempt from bankruptcy in Illinois?

Illinois Bankruptcy ExemptionsHomestead. ... Vehicle. ... Personal Property. ... Wages. ... Retirement/pension. ... Northern District of Illinois. ... Central District of Illinois. ... Southern District of Illinois.

What assets are protected from creditors in Illinois?

There are certain protected things that a creditor cannot take, such as:Necessary clothing.Income from: ... Take home pay up to $540 per week after all state and federal taxes have been taken out.$15,000 worth of equity in the home you live in (including a mobile home or condominium). ... A vehicle (car, truck, van, etc.)More items...

Is my income too high for Chapter 7?

Good news. If your average household gross earnings for the six months before filing for bankruptcy is at or below the state median for your family size, you may file under Chapter 7 (assuming you meet all other requirements).

What is the difference between Chapter 7 & 13?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

What is the means test for Chapter 7 in Illinois?

Illinois Median Income Standards for Means Test for Cases Filed In 2022Household SizeMonthly IncomeAnnual Income6$11,120.75$133,449.007$11,945.75$143,349.008$12,770.75$153,249.007 more rows•Jul 28, 2019