Filing Bankruptcy in Illinois: Means Test, Exemptions and Courts

Illinois has three federal bankruptcy districts: the U.S. Bankruptcy Court for the Northern District (https://www.ilnb.uscourts.gov), Central District (https://www.ilcb.uscourts.gov), and Southern District (https://www.ilsb.uscourts.gov) of Illinois.

1 person: $73,180; 2 people: $93,934; 3 people: $113,625; 4 people: $137,902; add $11,100 for each additional person over 4. These figures apply to bankruptcy cases filed on or after July 15, 2026 (the Census median income data was last updated for cases filed on or after April 1, 2026).

Illinois filers must use Illinois exemptions: residents "shall be prohibited from using the federal exemptions provided in Section 522(d)," except as otherwise permitted by Illinois law.

$50,000 per individual in a home (farm or lot and buildings, condominium, cooperative or personal property such as a mobile home) occupied as a residence. If two or more people own the property, each person's exemption is limited to their proportionate share of $100,000 based on percentage of ownership.

The debtor's interest in any one motor vehicle, up to $3,600.

Equity in any other property up to $4,000, of which $1,000 is an automatic exemption under 735 ILCS 5/12-1001.1.

A debtor's interest in, or right to payments from, a retirement plan is exempt if the plan is intended in good faith to qualify under the Internal Revenue Code or is an Illinois Pension Code public employee plan. Covered plans include pension, profit-sharing and similar plans, self-employed and SEP plans, government and church plans, and IRAs.

A wage deduction order can take no more than the lesser of 15% of gross weekly pay or the amount by which weekly disposable earnings exceed 45 times the federal or Illinois minimum hourly wage (whichever is greater).

N.D. Ill. has a "Filing Without an Attorney" page, a Bankruptcy Pro Se Help Desk (Chicago), eSR petition software, and an electronic drop box. C.D. Ill. has a Filing Without an Attorney section with FAQs for pro se debtors, eSR, an electronic document submission system, and required-forms checklists for Chapter 7 and Chapter 13. S.D. Ill. has a "Filing Without an Attorney" menu with a bankruptcy overview and debtor FAQs.

Northern District of Illinois: Third Amended General Order No. 13-01 (May 28, 2025) provides that for all chapter 13 cases filed on or after June 1, 2025, the maximum Flat Fee authorized for debtor's counsel under Local Rule 5082-2 is $5,500, which may be requested where counsel and the debtor enter into the Court-Approved Retention Agreement; additional Flat Fees are presumptively allowed on the terms of the Addendum for the Mortgage Modification Program. Central District of Illinois: the Standing Order Regarding Attorney Fees for Debtor's Counsel in Chapter 13 Cases (effective January 1, 2024; dated December 20, 2023) sets the "no-look" flat fee at $4,500 ($3,000 in "fee-only" cases, i.e., plans that pay only attorney's and trustee's fees and provide no meaningful dividend to unsecured creditors), for cases filed on or after January 1, 2024. The no-look fee is expected to cover representation through the conclusion of the case, including the appended Duties of Debtor's Counsel; attorneys who do not charge the no-look fee must file an itemized fee application. Southern District of Illinois: General Order 26-1 (entered 3/5/2026) provides that, effective April 1, 2026, the total flat fee amount paid to debtor's counsel in chapter 13 cases increases to $5,500 for consumer cases and $5,700 for business cases.