Many a homer Glen bankruptcy attorney can do a Chapter 7 bankruptcy case, and a lot of those cases will go through smoothly, even if the attorney does not have significant experience. Chapter 13 is a different type of case. Chapter 13 involves quite a bit of planning, quite a bit of math, and a lot of document preparation that is not easy to master. More than ever today, with the lean stripping of second mortgages, experience really matters. If you go to a cheap bankruptcy lawyer, that lawyer may not be able to spot that you can strip that second mortgage if it’s totally unsecured. You also may not know that the bankruptcy Chapter 13 plan payment can be adjusted – what we call a step plan payment.
We also have the ability in the Northern District of Illinois to amend the plan by using Special Section G. Special Section G allows for the plan to be amended in a way that the Bankruptcy Code doesn’t really allow. For example, attorney’s fees can be paid at a higher level than what the Bankruptcy Code provides for. Additionally, secured creditors such as an auto lender can receive adequate protection payments of up to a certain amount prior to confirmation, and then the amount of the payment can adjust upward after the case is confirmed. These particular clauses can be made a part of Special Section G if you know what you’re doing as an Illinois bankruptcy attorney.
Don’t expect the trustees to help you out. Don’t expect the bankruptcy court judges to help you out. You are supposed to understand the bankruptcy law and be able to navigate through the court system on your own.
It used to be about five or ten years ago someone could go down to an office supply company, purchase bankruptcy forms, fill them out themselves, and file them with the court. Those days are long gone. If you’re an attorney, you have to file the documents electronically; otherwise, you can be brought before the court on a rule to show cause why you should not be held in contempt. For these reasons and more, the bankruptcy process has gotten more difficult over the years.