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If a loan borrower has declared Chapter 13 bankruptcy, can loan officer from the bank respond to court pleadings, or do we need an attorney? – IBA Compliance Connection

IBA Compliance Connection

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If a loan borrower has declared Chapter 13 bankruptcy, can loan officer from the bank respond to court pleadings, or do we need an attorney?

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It would not be possible for the bank to file a petition in bankruptcy court without representation by an attorney. While an individual may represent himself or herself in court, a legal entity must be represented by an attorney. 705 ILCS 205/11. Attempting to represent a legal entity as an employee/agent would constitute the unauthorized practice of law. Housing Authority v. Tonsul, 115 Ill. App.3d 739, 740 (1st Dist. 1983).