Bankruptcy is Federal Law and this is available in all states. If you live in Lincolnwood, Illinois, then you might want to hire a Lincolnwood bankruptcy lawyer. The court house will be located in Illinois as will the judges. The property that you will be able to keep after filing will be provided under the laws of the state of Illinois. All procedures throughout the case will be based on federal bankruptcy laws. The federal code section that governs bankruptcy cases is 11 U.S.C. as an attorney; it is incumbent upon you to study the code as well as the rules.
Since bankruptcy law is federal law, let’s review some of the bankruptcy basics. In every case, the debtor files a bankruptcy petition. The petition includes detailed information about the debtor including income, expenses, assets and liabilities. The petition must be signed under oath in numerous places. If the filing a joint, then each party must sign the petition. All debts must be listed, even those that the debtor does not which to discharge. Keep in mind that some debt can be determined to be non-dischargeable.
When completing the bankruptcy petition, your attorney will give you a special bankruptcy advice, for example, if you have a student loan, your attorney will tell you that the loan is typically non-dischargeable. If you have tax debt, the attorney will provide advice as to the non-dischargeable of said debt. Credit card debt is usually discharged unless a creditor is successful in filing and protecting and adversaries complaint. Medical bills are easily eliminated as are debts for most services.
If you are comfortable with your attorney’s advice, the next step is filing. Some people refer to the act of filing bankruptcy as declaring bankruptcy or claiming bankruptcy. In reality, you are filing for bankruptcy. The documents are filed electronically through the internet. Attorneys are no long permitted to walk document to the clerk of the United State Bankruptcy Court. The court system does allow for a non-representative pension to file in person. This is because the court must allow those without computers the right to access the courts.
For more information about your rights under the bankruptcy code, I would suggest that you meet with an attorney in your local area. You can also visit the clerk’s website to learn about the local rules in your jurisdiction. The best advice is to find the right attorney for your case. There are literally hundreds of attorneys that can file your case. You job is to sift through the masses and find your gem.