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

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