If you desire to file bankruptcy, I would hire a Mount Prospect bankruptcy lawyer. If you are someone who feels that you can handle the legal process on your own, then by all means, file bankruptcy yourself. When you do so, please keep a few important facts in the back of your mind. First, you are going to be held to the same standard as a practicing attorney. Second, you will have to know how to file documents and send proper notices. Third, you will have to understand the subtleties of motion practice before the court. In the Northern District of Illinois, there are few debtors who file pro se. The judges are holding pro se debtors to the same high standards at attorneys.
Before you file, you will have to know some bankruptcy basics. One such basic is that you must take a credit counseling session before you file your case. If you take the counseling late, your case will be dismissed. You can take it the same day as the filing. Just make sure that you have your certificate before you actually file. I have heard from many debtors who claimed to have taken the credit counseling only to be told that the process was not complete. Without a completed process, you are just wasting your time and the court’s time.
If you live in Illinois, then your pro se case will be an Illinois bankruptcy case filing. There are three districts within the state of Illinois in which bankruptcy cases are processed. The districts are the Northern District, the Central District and the Southern District. Each district has their own local rules and maintains their own website for electronic filing purposes. You have to contact the clerk to gain access to the system. These are things that you would not have to worry about if you decide to hire an attorney. Otherwise, you are going to have to learn the ropes very quickly if you plan on completing your case.
Lastly, if you are going to file bankruptcy pro se, remember that you are signing all of the documents under penalty of perjury. You are also signing a document that states that you are aware of other bankruptcy options and that you are electing to proceed under the chapter of your choosing. You as a pro se debtor may not be familiar with the other chapters. This is something that an attorney would have made you aware of should you have decided to utilize local counsel. Make sure that you are prepared. Nothing will tank a case faster than being unprepared.