![]() Bankruptcy counsel can also advise you of the consequences associated with each chapter as to your personal assets, the tax ramifications for filing bankruptcy, and provide guidance on the road to recovery. Seeking the assistance of bankruptcy counsel will allow you to explore the many avenues of bankruptcy as well as protect you from the pitfalls of representing yourself. Technical errors and incorrectly selecting which Chapter to file under are only two of the issues that may cause issues for those representing themselves. The implementation of e-filing has only increased the number of guidelines that must be filed in turn increasing the number of rejected filings. What does it mean to file bankruptcy pro se Pro se, which is short for the Latin phrase propria persona means for one’s own self or on one’s own behalf. While the USBC does provide a self-help section, it cautions pro se debtors of the nuances of filing without the assistance of counsel. As noted on United States Bankruptcy Court (USBC) website, bankruptcy court clerks and judges are bankruptcy court employees and are strictly prohibited from providing advice to pro se petitioners. The rules and procedures must to be followed exactly as indicated in the rules and documents filed incorrectly or untimely will be returned. Essentially making the option of financial relief through bankruptcy a rather unobtainable option.īannkruptcy court, as all court systems, is governed by a multitude of local and federal rules and procedures. If you need the assistance of a lawyer in filling out bankruptcy forms, you may seek help from the Bankruptcy Pro Se Help Desk. Debtors can call (312) 229-6344 to request assistance. Chapter 13 – Debtors are allowed to pay all or part of their debts over a selected period of time.Īn important note, should you file under the incorrect chapter and your bankruptcy be dismissed, it will become increasingly difficult to re-file your case under the correct chapter. The Bankruptcy Pro Se Help Desk is providing assistance over the phone rather than in-person.COVID-19 UPDATE (as of September 16, 2020): Most court services in Cook County, including Courtroom access and. Chapter 12 allows for debt to be restructured permitting for the operations to continue. PRO SE GOOD CAUSE EXEMPTION FROM E-FILING. Chapter 12 – Is for use by those in the agricultural industry or commercial fishing industry.Chapter 11 – Is for use by large businesses to restructure debt so that they can continue operating the business.The individual(s) will come out of the bankruptcy with no obligation to pay off the discharged debt, however, should they wish to keep items such as a house or car they are obligated to continue making timely payments. Chapter 7 – Is often referred to as a “straight bankruptcy”.Bankruptcy Code will find it difficult to determine the various benefits and disadvantages associated with either Chapter. However, people who are unfamiliar with U.S. Many individuals may find that they are eligible to file under either Chapter 7 or Chapter 13. The rules further dictate how you must qualify under the various chapters and the financial relief afforded under each Chapter. Bankruptcy Code allows for individuals and businesses to file for bankruptcy protection under various chapters.
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