favorite this post Jun 30 24/7 Landlord Tenant *Lawyers (Eviction)Bankruptcy Call Now (Anaheim) (Orange County) pic hide this posting restore restore this posting. (ORANGE, CA) pic hide this posting restore restore this posting. Even though the low end cost of a bankruptcy lawyer can be as high as $1, (and the upper end of the range is around $1,), if you are married and filing with or without your spouse, or if you have an asset that does not obviously fit within one of the exemption schemes available to you, having a legal professional help could save you a lot. Find the public defender for your county. You can also find these government agencies in the blue pages of your phone book. And you can find them online. Lawyer-referral services. Lawyer referral services help people find lawyers. They can tell you about free or low-cost legal services in .
That ensures everything gets done and you can walk out with your case number in hand. California has 4 federal districts, which means there are four bankruptcy districts. Keep in mind that the court is a federal building, so you will be required to pass through security on your way in. This also means that you shouldn't plan on using a federal holiday to file bankruptcy in California, because the court will be closed on federal holidays. Once your California bankruptcy is filed with the court, most of the heavy lifting is done.
The court will assign a trustee to handle your Chapter 7 bankruptcy. The trustee's job is to make sure all of the information provided to the court is accurate. The trustee is entitled to a copy of your most recent federal income tax return before the meeting takes place. They may send you a letter asking you to send them bank statements, paycheck stubs and similar documents as well.
Since filing bankruptcy in California imposes a duty to cooperate with your trustee, it is important that you pay close attention to any such requests you may receive from your trustee. Even though trustees are not judges, they have a lot of power as they are charged with ensuring that everyone is treated fairly in accordance with California bankruptcy laws.
The Bankruptcy Code requires you to take a second counseling course to learn basics on financial management. Everyone has to take this course even if there is nothing you could have done differently to avoid a California bankruptcy. It is important to take this course from one of the approved providers , and while you don't have to get it done before your meeting, you certainly can.
Make sure you ask your course provider whether they will file the certificate in your Chapter 7 bankruptcy case for you, or if you are required to do it yourself.
If you do not complete this course, you will not receive your discharge ; however, the case administration continues. In other words, if you do not take the second bankruptcy class, your trustee may end up liquidating your non-exempt assets regardless before asking the court to close your case without a discharge.
Since the discharge is the main benefit of filing Chapter 7 bankruptcy in California, it is important not to forget this step. In most cases,the meeting, or " meeting of creditors ," is the only time a person filing bankruptcy in California will have to appear in court. Instead, the trustee that is handling your case will meet with you to ask you some standard questions about your case.
While it's not required, there are some easy tips and tricks on how to prepare for your meeting. Other than showing up, the most important part of the meeting for your California bankruptcy is that you bring a valid picture ID and proof of social security number. The trustee will only accept certain forms of identification , so if you do not know where your actual social security card is, make sure to check whether you have an acceptable alternate.
Fun fact: While your passport can serve as your picture ID, it cannot be used to verify your social security number because it does not actually contain your social security number. Surrendering your vehicle, along with filing for Chapter 7 bankruptcy, allows you to walk away from the car loan without worrying about how much the car itself will fetch at auction.
Alternatively, if you have the ability to pay the value of your vehicle in a lump sum, you can basically purchase the car for its current value from the bank and the discharge absolves your responsibility on any remaining balance. Finally, if the car, the car loan, and the monthly payments and other loan terms work for you, you can also keep everything the same by entering into a reaffirmation agreement with the bank to let them know that you will continue to make payments on the loan.
If you own your car free and clear or it is worth more than what you owe , make sure to claim the appropriate exemption under California bankruptcy laws to protect this value.
The California means test for bankruptcy starts by comparing your household income to the median household income of a household of the same size in the Golden State. If you are not a regular wage earner, and instead get paid on commissions or per job assignment, it is important to remember that this test is based on the 6 months prior to filing a California bankruptcy, not including the month you file in. So, if you are filing in the month of July, you will have to provide information about your income between January and June.
This is why planning ahead is important and completing a Chapter 7 online means test early on in the process may be helpful to determine what the proper timing for filing your case would be. California bankruptcy forms can be broken down into two categories: 1 forms that everyone who files Chapter 7 bankruptcy in California and everywhere else in the U. Online bankruptcy forms are available from each one of the districts in the state.
Your first course of action is to find out which district your case will need to be filed in. Then, utilize the resources provided by that district to get a copy of the California Chapter 7 bankruptcy forms you will need. It stretches from the Central Coast area across the entire state to the state border. All required forms and their instructions are made available for free on the Central District of California court's website. The Eastern District of California is broken into three divisions , Sacramento, Modesto, and Fresno, and covers 34 counties reaching from the Oregon border in the north, down to Bakersfield in the south, and from the coastal mountains in the west, to the Nevada border in the east.
All the documents needed to file Chapter 7 bankruptcy in California within this district can be downloaded as a single packet from the Eastern District of California court's website ; instructions are available as a separate document. Finally, the Eastern District has a very useful and free online tool to create your master creditor mailing list in a format the California bankruptcy court will accept.
This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. All other addresses are local offices available on an advanced appointment basis for meetings and depositions. Attorney Consultation Unlimited consultation with a bankruptcy attorney. Attorney Interview Face to face or phone meeting with a bankruptcy attorney. Attorney Preparation Preparation for your Bankruptcy Court by a bankruptcy attorney.
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