How do I File for Consumer Bankruptcy During the COVID-19 Emergency?

If you are struggling to manage debt and have been considering the possibility of filing for Chapter 7 or Chapter 13 bankruptcy for some time, you may be concerned that you will not be able to file during the coronavirus pandemic. Whether you have been thinking about bankruptcy for some time or recently have started to consider personal bankruptcy as an option, you should know that you can still move forward with your case while Illinois and the rest of the country (and the globe) seeks to manage the outbreak and to prevent the spread of the virus. To be sure, filing for consumer bankruptcy during the COVID-19 emergency does not look too different from a bankruptcy filing that occurs under normal circumstances.

We want to tell you more about the steps of the bankruptcy process you should anticipate, and to clarify how the coronavirus pandemic could change some of the ways those steps are completed.

Work Directly with a Bankruptcy Lawyer to File Your Case
You do not need to worry about whether you will be able to meet with a Chicago bankruptcy lawyer to discuss your case and to put together all of the materials you need to file properly for Chapter 7 or Chapter 13 bankruptcy just because you cannot leave your home. You can “meet” with a bankruptcy lawyer virtually and can move forward with your bankruptcy case. To be clear, meeting with a bankruptcy lawyer and working with that bankruptcy attorney from the start of your case remains not only possible, but important, during the coronavirus pandemic.

Attend Pre-Bankruptcy Credit Counseling
If you are filing for personal bankruptcy, you will need to “attend” pre-bankruptcy credit counseling within the 180-day period prior to your bankruptcy filing. We say “attend” because most required bankruptcy courses can be taken online. This was true even before the pandemic resulted in many residents of Chicagoland staying home to prevent the spread of the virus, and it is certainly true now. You can take the pre-bankruptcy credit counseling course from the comfort of your home.

Filing for Bankruptcy
While bankruptcy filings may be delayed or more complicated in the short term as a result of court closures in Cook County, DuPage County, Will County, and other counties that make up the area in and around Chicago, you should know that your bankruptcy attorney will work to ensure that your materials are filed as soon as possible and that your bankruptcy case can move forward.

“Attend” the 341 Meeting of Creditors by Telephone
The 341 Meeting of Creditors is a meeting that required in-person attendance prior to the COVID-19 emergency. However, the 341 Meeting of Creditors is now being held over the telephone for all bankruptcy cases. As such, you can meet the requirement of attending this meeting without putting yourself at risk.

Take a Debtor Education Course
Like the pre-bankruptcy credit counseling course, your required post-bankruptcy debtor education course can also be completed online. You do not need to leave your home in any way to complete this requirement.

Contact a Consumer Bankruptcy Lawyer in the Chicago Area
Do you have questions about filing for personal bankruptcy, or do you need assistance with your bankruptcy case? An experienced Cook County bankruptcy attorney can help. Contact the Emerson Law Firm to learn more about how we are assisting consumers during the pandemic.


See Related Blog Posts:

Filing for Consumer Bankruptcy in the Time of Coronavirus
Coronavirus Pandemic Likely to Cause Consumer Bankruptcies

Comments

Post a Comment

Popular posts from this blog

Phantom Debt Collection Scams on the Rise in Illinois

Have you been contacted by a person claiming to be a debt collector who is seeking to recover a debt you allegedly owe? If so, you are not alone. According to a recent report from CBS Chicago , such parties claiming to be debt collectors are on the rise, and they are scamming Chicago-area residents. These alleged debt collectors are part of schemes known as “phantom debt collection scams,” since they involve the attempt to collect on a debt that the consumer does not actually owe. How can you avoid becoming a victim in a debt-collection scam ? What should you do if you have been targeted by a fake debt collector? How Do Phantom Debt Collection Scams Work? Now, you might be thinking to yourself: I would never agree to make payment on a debt that I did not owe. But the scam is not always that simple. Parties at the center of debt-collection scams often target consumers who do actually owe debts (to someone or to some entity), and they prey on the fact that these c...
Read more

Payday Lending and Predatory Lenders in Illinois

If you are in substantial debt in the Chicago area and are living in a paycheck-to-paycheck cycle, you may have taken out a payday loan to make ends meet. While payday lending is illegal in a number of states due to the predatory nature of these loans, it remains legal in Illinois. As a result, many debtors in the state have used payday lenders, and far too many of those borrowers cannot repay what they owe. According to a recent article from Progress Illinois , consumers have filed complaints about payday lenders in the state, illuminating a need for federal rules that address harmful lending practices . Predatory Payday Lenders and Protections for Consumers Due to the perceived predatory nature of payday loans, twelve states in the country have banned these lenders from operating completely, according to a fact sheet from loans.org . The states that currently have laws prohibiting payday lenders from operating include Arkansas, Arizona, Connecticut, Georgia, Mary...
Read more

New Information on Debts That Bankruptcy Cannot Discharge

If you are thinking about filing for bankruptcy in the Oak Park area, it is important to know that certain kinds of debts cannot be discharged in a bankruptcy case. Under U.S. bankruptcy law, these are known as non-dischargeable debts, or exceptions to discharge. There are certain types of debts that have long been identified clearly as non-dischargeable debts, while there are misconceptions about other types of debts that may or may not be dischargeable. As an article in CNBC discusses, the U.S. Supreme Court recently issued a ruling in the case of Bartenwerfer v. Buckley , which clarifies that debts incurred due to another party’s fraud cannot be discharged in an individual’s bankruptcy case. Our Oak Park bankruptcy attorneys can explain the Court’s recent ruling and provide you with additional information on dischargeable and non-dischargeable debts. Supreme Court Says Debt Incurred Due to Another’s Fraud is Non-Dischargeable The recent Bartenwerfer case involved a debtor attempti...
Read more