Prerequisites
Waukegan Illinois Bankruptcy Lawyers & Attorneys
Jesse Barrientes: Okay. So there’s a lot of things that people aren’t really aware of that are very important. Or they don’t have that idea. How easy it is for somebody to do it on their own?
David Siegel: It’s very difficult. The forms are voluminous. You have to know how to fill them out. It’s not as simple as just listing what you own and what you owe. There’s Illinois state exemptions that have to be listed and that’s based on your property so you have to understand the law. And most importantly you have to understand the process. Some people file on their own, they don’t take the credit counseling? The case is dismissed. There’s timing on when things have to be done.
Jesse Barrientes: So they dismiss the case. So let’s go back and talk about that. Do you mean it gets dismissed involuntarily?
David Siegel: The court will dismiss it. Either on the court’s own motion or on the trustee’s motion because you did not take the credit counseling within 180 days prior to filing.
Jesse Barrientes: What happens if I took the course or I filed it the same day and the same day I took the course?
David Siegel: Most likely you’d be okay. There is case law on both sides but for the most part you’ll be okay. I would not recommend that, though. If I was your attorney I would make sure at least one calendar day passes. And that means you can take the credit counseling at 11 o’clock on a Monday and I could file you Tuesday at the stroke of midnight. So it really could be an hour, but it’s got to be one calendar day apart.
Jesse Barrientes: But definitely I can’t go ahead and file it and take the class the next day. What would happen if I did that?
David Siegel: You would be ineligible when you filed because you didn’t have the prerequisite or the requirement of the credit counseling. Your case would be dismissed.
Jesse Barrientes: And they’d make me refile?
David Siegel: Yes. You would lose your filing fee. You would lose any amount that you paid to a Chapter 7 Waukegan bankruptcy attorney if an attorney did this for you. So you’ve got to be very careful. That’s why, Jesse, you need to go to a reputable attorney. Someone who practices bankruptcy law on an every day basis, who understands the ins and outs of the code, the system, and the procedures, so that you have a successful Chapter 7 case. There’s nothing worse then filing a Chapter 7 case and having problems. You want your Chapter 7 case to go smoothly. You want it to be the only time you ever have to file a Chapter 7. You want to get the fresh start that the government has afforded you under federal law. And you want to be successful going forward and prosperous and being able to provide for yourself and for your family, and be a good member of society, a good member of your church, a good father, a good sibling, a good spouse.
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