U.S. Bankruptcy Court for the Central District of Illinois

Filing

Chapter 13 debtor counsel must have a written fee contract with each client, whether or not the debtor qualifies as an “assisted person.”

“All attorneys representing Chapter 13 debtors in this District must enter into written fee contracts with their debtor clients regardless of whether the debtor is an ‘assisted person.’”

Filing

For Chapter 13 cases filed from January 1, 2024, the no-look fee is $4,500, or $3,000 in fee-only cases.

“As of January 1, 2024, the no-look fee will become $4,500 ($3,000 in ‘fee-only’ cases described below).”

Filing

A Chapter 13 attorney who declines the no-look fee must apply for fees incurred through confirmation within 30 days after plan confirmation.

“Attorneys who elect not to charge a ‘no-look’ fee must seek approval of fees incurred through confirmation by the filing of an itemized application within 30 days after plan confirmation”

Filing

An individual debtor’s failure to submit the required credit-counseling certificate or motion on the order’s schedule results in automatic dismissal without notice or hearing.

“failure of any debtor to file the certificate or motion specified in (A), (C), or (D) above with the petition, as applicable, or to file the certificate in relation to a statement made under (B) above within 14 days of filing the petition, will result in automatic dismissal of the petition as to each such debtor without notice or hearing.”

Filing

Use the court’s April 20, 2023 local form for every original or amended Chapter 13 plan; the court may strike a plan filed on another form.

“Beginning April 20, 2023, the use of all other Chapter 13 plan forms is prohibited, Plans filed on other forms may be stricken without further notice or hearing.”

Filing

The electronic-signature order permits commercial signing software if it maintains an audit trail identifying the signer’s device.

“electronically signed utilizing a commercially available electronic signing technology (such as DocuSign) that (a) maintains an audit trail”

Filing

An electronically filed document is deemed filed at the date and time on the court’s Notice of Electronic Filing.

“A document filed electronically is deemed filed at the date and time stated on the Notice of Electronic Filing from the Court.”

Filing

Leave a four-inch top margin on the first page of a proposed order.

“The first page of the proposed order must have a four (4) inch margin at the top.”

Filing

End a proposed order with centered “###” one blank line below the text.

“At the end of the text of the order, place three pound signs (###) in the center of the page with one blank line separating the last line of the text and the centered ###.”

Filing

Create proposed-order PDFs from word-processing software rather than scanning them.

“Do not scan the order. The electronic signature function will not work properly on scanned orders. The order needs to be created in word processing software then converted to pdf and uploaded.”

Sealing

Seek highly sensitive document treatment for any unlisted document by motion requesting a hearing, without attaching or describing the document.

“A party who believes a document not listed in subsection 1(a) should be deemed an HSD must file a motion with the court requesting a hearing without: (1) revealing the nature of the document or (2) attaching the HSD.”

Sealing

File an authorized highly sensitive document with the clerk as two paper copies or, with prior court permission, on a secure electronic device.

“A party filing an HSD shall submit to the clerk’s office the HSD, the certificate of service, and, if applicable, a copy of the court order authorizing the treatment of that document as highly sensitive in the form of either two paper copies or an electronic copy on a secure electronic device with prior permission of the court.”