How To Get Illinois Bankruptcy Records
To obtain complete records, parties can search by the court or a general search that encompasses all federal courts. To find details to help narrow the search, parties can use the Case Management/Electronic Case Filing System . It is also possible to request PACER records by mail. PACER charges $0.10 per page and has a limit of 30 pages total. Through the court clerk, search fees are $32.00, and the certification fee is $11.00.
PACER also provides a National Case Locator to find details regarding a case such as a case number, name of the subject, or the subjects social security number. The case locator is typically used to determine if an individual or entity is involved in legal matters. PACER also offers a Court Opinions search, where individuals can learn about the outcome of a case.
If a requested case file is not located in NextGen or the courts, the National Archives and Record Administration has likely been tasked with maintaining them. NARA is a collection of all archived federal court case records, including bankruptcy records that are old. Requesting records through NARA gives parties the option to obtain:
Parties can also request archived records through the NARA website. The cost is $15.00 for certification.
What Is The Downside Of Filing For Bankruptcy In Illinois
Debtors often suffer damages on their credit score as a consequence of a bankruptcy filing. This may further lead to higher interest rates and may negatively impact the debtor’s ability to get loans, credit cards, tax refunds, or mortgages. Depending on the type of bankruptcy entered, bankruptcy shall be reflected on the credit report for about 7 to 10 years.
However, the effect varies according to the initial credit score. High credit scores can fall by 200-240 points, while average scores can fall by 130-150 points. Nevertheless, it is possible to recover from this effect with good credit behavior. On the other hand, persons with low credit scores between 400 and 500 may witness an increase of up to 50 points.
Additionally, individuals who file for Chapter 7 bankruptcy will lose assets due to liquidation. This may include real estate, vehicles, investments, and valuable collections. However, primary residence and other exempt properties are not subject to this. Individuals should also note that not all debts are dischargeable. For instance, student loans, child support, alimony, and other fines are exempt. Other possible consequences of bankruptcy include job restrictions, frozen bank accounts, and housing stigma.
How To Fill Out Illinois Northern District Bankruptcy Guide And Forms Package For Chapters 7 Or 13
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Look at our thorough guidelines regarding how to get the Illinois Northern District Bankruptcy Guide and Forms Package for Chapters 7 or 13 sample in a few minutes:
Now you can print the Illinois Northern District Bankruptcy Guide and Forms Package for Chapters 7 or 13 template or fill it out using any web-based editor. Dont worry about making typos because your template may be utilized and sent, and printed as many times as you want. Try out US Legal Forms and access to around 85,000 state-specific legal and tax documents.
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Citing Resources In The Web Archive
Citations should indicate: Archived in the Library of Congress Web Archives at www.loc.gov. When citing a particular website include the archived website’s Citation ID . Researchers are advised to follow standard citation guidelines for websites, pages, and articles. Researchers are reminded that many of the materials in this web archive are copyrighted and that citations must credit the authors/creators and publishers of the works. For guidance about compiling full citations consult Citing Primary Sources.
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Can A Bankruptcy Be Expunged In Illinois
Depending on the type, bankruptcy claims and filings will remain on a partys record for several years. Chapter 7 bankruptcy stays on record for ten years, while Chapter 4 stays on record for seven years. Illinois state laws dictate that the court may grant expungement and sealing of records if petitioned, but bankruptcy records do not qualify.
When You File Your Bankruptcy Case Or Within 14 Days After You File
You must file the forms listed below either when you file your bankruptcy case or within 14 days after you file your Voluntary Petition for Individuals Filing for Bankruptcy . If you do not do so, your case may be dismissed. Although it is possible to open your case by submitting only the documents that are listed under When you file your bankruptcy case, you should file the entire set of forms at one time to help your case proceed smoothly.
Although some forms may ask you similar questions, you must fill out all of the forms completely to protect your legal rights.
The list below shows the forms that all individuals must file as well as the forms that are specific to each chapter. For copies of the official forms listed here, go to http://www.uscourts.gov.
All individuals who file for bankruptcy must file these forms and the forms for the specific chapter:
Schedules of Assets and Liabilities which includes these forms:
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When You File Your Case
There are several forms and documents that you must give the court at the time you file. Additional forms and documents must be filed no later than 14 days after you file your bankruptcy case, although they may be filed at the same time you file your case.
You must file the forms listed below on the date you open your bankruptcy case. For copies of the forms listed here, go here. :
Application to Have the Chapter 7 Filing Fee Waived . Use this form only if you are filing under chapter 7 and you meet the criteria to have the chapter 7 filing fee waived.
Do I Qualify For A Chapter 13 Bankruptcy In Illinois
Chapter 13 bankruptcy is strictly available to individuals. Businesses cannot file this type of bankruptcy except when the debtor operates an unincorporated business or is self-employed and seeks relief from debts for which the debtor is personally liable. These persons may apply if:
- Secured debts do not exceed $419,275
- Unsecured debts do not exceed $1,257,850
- Debtor’s disposable income can cover the monthly payment
- The debtor is not prohibited by another bankruptcy filing. For instance, one must wait four years after filing and discharging a Chapter 7 bankruptcy before filing a Chapter 13
- The debtor does not have a bankruptcy petition dismissed in the preceding 180 days due to willful violation of a court order
- There is no dismissed bankruptcy petition in the preceding 180 days due to the debtors request for dismissal after the creditor asked to lift an automatic stay
- There is evidence of filed income tax returns for the past four years
- The debtor received credit counseling from approved agencies within 180 days before filing
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How Do I Find Out If My Bankruptcy Case Is Closed In Illinois
In Illinois, the court will close a bankruptcy case when the debtor has taken all actions possible to repay debts. To quickly find out if a case has been closed, parties can use the PACER telephone number free of charge at 1- 222-8029. The following information is necessary to get phone access to court records:
- Case number
- Participant name
- Social security number
It is also possible to quickly find this information by contacting the district court clerk where the claim was filed. Parties can use the websites of the Northern District Bankruptcy Court, the Southern District Bankruptcy Court, and the Central District Bankruptcy Court to determine where the office and court locations are.
How Much Does It Cost To File Chapter 7 In Illinois
How much does it cost to file bankruptcy in Illinois depends on whether you file Chapter 7 bankruptcy or Chapter 13 bankruptcy, and also on how complicated your case is. There is a filing fee for a Chapter 7 of $306 and the filing fee for Chapter 13 is $281. The filing fee goes to the Clerk of the court.
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Northern District Of Illinois Bankruptcy Court Holds That Executive Order Barring Restaurant Operations On
On June 2, 2020, Judge Donald R. Cassling of the United States Bankruptcy Court for the Northern District of Illinois held that a state executive order suspending dine-in services to address the COVID-19 pandemic constituted a force majeure event that partially excused performance under the applicable lease agreement. In re Hitz Restaurant Group, No. 20-B-05012, 2020 WL 2924523 . The creditor, a property management company, sought to enforce the obligation of the debtor, a restaurant group that leased property from the creditor and filed for bankruptcy, to pay post-petition rent under Section 365 of the Bankruptcy Code. 11 U.S.C. §§ 365. Applying contract principles under Illinois law, the Court held that the force majeure clause of the lease agreement excused the debtors lease payments, but only to the extent the debtors operations were impacted by the Executive Order.
The creditor sought to recover all unpaid rental payments from the debtor under Section 365 of the Bankruptcy Code, which requires that a debtor-in-possession timely perform all the obligations of the debtor . . . arising from and after the order for relief under any unexpired lease of nonresidential real property until such lease is assumed or rejected. The debtor responded that the lease payments were excused by the leases force majeure clause, which provided:
For our analysis on force majeure and other contractual considerations in light of the COVID-19 pandemic, please see our Perspectives.
Notice Regarding Section 341 Meetings Conducted By Chapter 13 Trustee Tom Vaughn
Wednesday, April 15, 2020
As previously noticed, the U.S. Trustee Program has suspended all in-person section 341 meetings for cases filed through May 10, 2020.
Please be advised that, until further notice, section 341 meetings for cases assigned to chapter 13 trustee Tom Vaughn that typically are held at 55 East Monroe, Suite 3850, Chicago, IL, will now be conducted via video teleconference.
For previously scheduled meetings that were cancelled, debtors attorneys will receive an Electronic Filing Notice from the Bankruptcy Court providing the date and time of the rescheduled meeting. Debtors attorneys are asked to contact their clients to alert them to the rescheduled meeting date and provide instructions on how to access the video conference. Specific instructions on the conduct of the meetings will be available at www.tomvaughntrustee.com by April 23, 2020.
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Required Forms & Fees For The Illinois Northern District Bankruptcy Court
Each court has its own local rules, but the basic bankruptcy consists of the forms you see listed in the outline below, plus any additional forms the Illinois Northern District Bankruptcy Court may require.
Also, be sure to check the Illinois Northern District Bankruptcy Court page for Filing Without An Attorney. It will guide you to helpful information about how to use the forms.
Timeliness note: Always check that the date on the form you’re using is the date of the form your court currently requires — or will require in the future, on the date you’re planning to file. Each form has a a month and year in the upper right corner.
Donald Cassling ’76 Appointed To Us Bankruptcy Court For The Northern District Of Illinois
Donald Cassling, ’76, has been appointed to serve on the U.S. Bankruptcy Court for the Northern District of Illinois. Immediately before taking the bench, Cassling worked as a partner at Quarles & Brady LLP who handled bankruptcy and commercial litigation.
Cassling, 61, earned an undergraduate degree at Duke University and a law degree at the University of Chicago Law School.
After finishing law school, Cassling served as a law clerk to the late Chief Judge John R. Brown of the 5th U.S. Circuit Court of Appeals.
Cassling previously was a partner at Jenner & Block LLP.
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Official Instructions And Committee Reports
Instructions are easier to come by than they used to be. The official U.S. Court website now offers instructions with these forms.
In addition they offer a link to the congressional committee reports that were written at the time the forms were created and revised. These committee reports are not step-by-step instructions, but rather a broad description of the purpose of each form.
Warning For Electronic Filers
Certain versions of Adobe Acrobat and other PDF editing software allow the user to save a fillable form after data has been entered, and edit that information at a future date. If a form with saved data is filed electronically, , the data can be easily extracted. To “flatten” the electronic file , “print” the form to PDF , and file the resulting document.
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What Are The Other Types Of Bankruptcy In Illinois
Apart from Chapter 7, Chapter 11, and Chapter 13 bankruptcy, the Chapter 12 bankruptcy is available for farmers and fishermen. Under the Bankruptcy Code, family farmers or fishermen with regular annual income may file this type of bankruptcy to adjust debts and pay debts according to a payment plan. Additionally, other types of bankruptcy in Illinois include:
- Chapter 9 bankruptcy: This is a type of bankruptcy that involves insolvent municipalities
- Chapter 15 bankruptcy: Provides tools for dealing with cross-country bankruptcies that involve creditors, debtors, and assets in more than one country
Us District Court For The Northern District Of Illinois Bankruptcy Court Mediation Program
The United States Bankruptcy Court of the Northern District of Illinois created Local Rules 9060-1 to 9060-10 in 1997. These rules outline the process for a mediation program that can be used for any dispute before a bankruptcy judge.
When the parties jointly file a Bankruptcy Mediation Motion or a Bankruptcy Mediation Agreement, the court refers to the mediation program. A court-approved list or one chosen by the parties can be used as a mediator.
The motion names mediators from the court-approved list that each party would like to be removed from service. It then asks the court for a court-approved mediator to choose a mediator from those remaining.
A mediation schedule does not delay discovery, pre-trial hearing dates or trial dates and does not exempt parties from other court orders, relevant laws or regulations.
After the assigned case, a mediator will schedule the case and request any written statements or documents. All parties must attend the mediation with full settlement power, their primary counsel and any additional people invited by the mediator.
The mediator will decide the mediation sessions formatting a notice with the court, the mediator or any of the parties can resign or withdraw at any time during the mediation process. After the mediation, the mediator reports to the court about the case results.
The mediator is not to be held accountable for the mediation process unless the Mediation Rules are violated.
What Is Chapter 13 Bankruptcy In Illinois
Also called a wage earners plan, Chapter 13 bankruptcy is a bankruptcy option that deals with reorganizing and paying debts over a length of time, usually three to five years. Debtors – who wish to keep their assets – file this type of bankruptcy when the equities in the secured assets exceed those provided in the Illinois bankruptcy exemptions and, hence, cannot be protected under Chapter 7 bankruptcy.
Similar in some ways with Chapter 7 bankruptcy, the Chapter 13 bankruptcy process involves qualified persons receiving credit counseling from approved agencies during 180 days before filing and filing the required paperwork, which may include:
- A statement of financial affairs
- Certificate of credit counseling
- Copy of tax returns or recent annual transcript
- Evidence of monthly income from employers
- Official bankruptcy forms
- Value of nonexempt assets
- Administrative expenses
However, if the debtor’s financial status changes, the debtor may modify the plan or convert Chapter 13 bankruptcy into a Chapter 7 bankruptcy, following a meeting with creditors and filing an updated proof of claims. There is also an option for a special discharge if proven that:
- Payments were delayed due to circumstances beyond the debtor’s control
- Each creditor is settled as they would be under Chapter 7 bankruptcy
- Modifications to the repayment plan would not help
Note: Chapter 13 bankruptcy lasts up to seven years on a credit report