The Bankruptcy Process
Bankruptcy in Dupage County, Illinois
Bankruptcy is a legal process that involves a number of steps in order to ensure that the petition is properly filed, the case is successfully completed and the individual's debts are finally discharged. Depending upon whether you file a Chapter 7 or
Chapter 13 bankruptcy case, it could take from about six months to five years to fully complete the case, respectively. It is absolutely crucial that you consider working with an attorney when filing for bankruptcy.
Although legal representation is not mandatory when an individual files for bankruptcy, it is highly recommended in order to help ensure the petition is filed properly and all aspects of the case are properly completed. Incorrectly filing a bankruptcy petition can result in the dismissal of your case and ineligibility to file for an extended time period. Additionally, fraudulently filing a bankruptcy petition can result in serious criminal charges.
While the specific process will vary depending upon your case and depending on whether you file under Chapter 7 or Chapter 13, following is a basic outline of what to expect:
- Determine whether you qualify for bankruptcy by taking the Chapter 7 means test.
- Complete credit counseling within 180 days before filing.
- File your petition.
- File information with the court regarding all aspects of your personal finances, including income, assets, expenses, liabilities, and more. For Chapter 13, also file a repayment schedule.
- (Chapter 7 only) File a statement of intention with the court regarding any debts you wish to reaffirm
- (Chapter 13 only) Make your first payment based off the repayment schedule you filed with the court.
- Attend a meeting of creditors to testify under oath about the information provided in your bankruptcy petition.
- (Chapter 7 only) Within approximately six months of filing, the bankruptcy court will formally discharge all unsecured debt.
- (Chapter 13 only) After a successfully completed repayment schedule of three to five years, the court will discharge all eligible debts.
- Click here to view a basic timeline of the bankruptcy process.
Consult With a Dupage County Bankruptcy Attorney
Learn more about the bankruptcy process and how this can affect you by talking to an experienced Dupage County bankruptcy lawyer at the Law Office of Joseph P. Doyle. Bankruptcy is a complicated process and should only be handled with the help of a skilled legal professional. Contact our firm today!