20 Oct How do I file bankruptcy? Local courts have local rules that affect the process of filing bankruptcy.
Local court rules supplement bankruptcy law and procedures. Article I, Section 8, of the United States Constitution authorizes Congress to enact â€œuniform Laws on the subject of Bankruptcies.â€ Congress enacted a uniform law of bankruptcy, found at Title 11 of the United States Code beginning at section 101 and in the sections that follow. Procedurally, the uniform bankruptcy law operates by a uniform set of Federal Rules of Bankruptcy Procedure. And Bankruptcy Courts exist as units of the 94 federal district courts across the country and territories of the United States with exclusive jurisdiction to hear bankruptcy cases. [That means you cannot file a bankruptcy case in a state court.] That is where the similarity and the uniformity ends, with the uniform laws and the Federal Rules of Bankruptcy Procedure. In practice the bankruptcy process across the country is subject to local rules, procedures, customs and quirks.
Each bankruptcy court has its own set of Local Rules that supplement the bankruptcy process in that court. The practice of bankruptcy law varies across the country from district to district based, in part on differences in federal and state law within those districts, and in a large part on variations in the local rules used by each court. Local rules for the Southern District Bankruptcy Court of Illinois [SDIL] can be found on the Southern District Bankruptcy Courtâ€™s website and are necessary tools to use to file a bankruptcy case in that court.
A person filing bankruptcy, with or without an attorney, is required to know, use and comply with the local rules of court.
Andy Miofsky, Esq.
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