how to apply for bankruptcy in california without a lawyer

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can I file bankruptcy without a lawyer?

But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases). While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

What is the California Code of civil procedure for bankruptcy?

California gives debtors a choice between the state law exemptions found in Code of Civil Procedure section 704 and a set of bankruptcy-only exemptions in Code of Civil Procedure section 703.140 that mirror the Bankruptcy Code exemptions that were in the federal law when the California law was adopted.

Should I Choose California's State or federal bankruptcy exemptions?

Choosing state or federal exemptions. Unlike some other states, you can't choose between the state exemption list and the list of federal bankruptcy exemptions. You must use California's exemptions. But you can use the federal nonbankruptcy exemptions.

Can a non-attorney petition preparer help me file bankruptcy?

You should check your court’s website before filing any documents. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

How much does it cost to file for bankruptcy in California?

How can I pay for filing for bankruptcy? It costs $299.00 to file Chapter 7 bankruptcy in the state of California, and it costs $274.00 to file Chapter 13 bankruptcy.

What do you need to file bankruptcy in California?

Steps in a California Bankruptcylearn about Chapters 7 and 13.check whether bankruptcy will erase debt.find out if you can keep property.determine whether you qualify.consider hiring a bankruptcy lawyer.stop paying qualifying debts.gather necessary financial documents.take a credit counseling course.More items...

Can you file bankruptcy online CA?

Central District of California Requirements For filings like your bankruptcy petition, you can use the Electronic Self-Representation, or eSR, system. This lets you prepare and file your Chapter 7 and Chapter 13 bankruptcy petitions electronically if you don't have an attorney.

Can you file bankruptcy alone?

1. You Can File Individually If You Are Married. Married couples have the freedom to file for bankruptcy together or individually. Couples typically file together when they have joint debts, but spouses can file by themselves if they choose to.

What bankruptcy clears all debt?

Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.

How much do you have to be in debt to file Chapter 7?

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Do I have to be behind on payments to file bankruptcy?

The answer is that you do not have to wait to be behind on your bills before you file for bankruptcy. Instead, you can file if you qualify. Most consumers file either for Chapter 7 or Chapter 13 protection. Neither bankruptcy requires that you be behind on your bills before filing.

Which is better Chapter 7 or Chapter 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

What are three alternatives to bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.

How does filing bankruptcy affect you?

Bankruptcy will eliminate most of your debts, such as unsecured debts including credit card bills, medical bills, and payday loans. You may still be required to pay your secured debts, such as your mortgage or motor vehicle loan. Some debts cannot be eliminated by your bankruptcy.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

How can a bankruptcy lawyer help you?

How a bankruptcy lawyer can help. Our advice is to avoid the risks of pro se filing and seek the proper legal services. After you choose a bankruptcy attorney, they help you through the filing process. An attorney can help you: Decide if bankruptcy is right for you, and if so, which chapter.

How to know if bankruptcy is right for you?

Decide if bankruptcy is right for you, and if so, which chapter. Understand which debts can be discharged and which cant. Accurately fill out your bankruptcy forms. Know what tax consequences to expect. Understand which assets you can keep. This is just a small sample of what a bankruptcy attorney can do for you.

What happens if you don't file Chapter 13?

In personal bankruptcy, if your Chapter 13 plan is rejected and you don’t qualify for Chapter 7 under a means test then you won’t be able to file. Bankruptcy is a complex process with lots of regulations and steps to follow. If you don’t do this correctly, your petition to file can be dismissed. If you don’t file correctly, discharge can be denied. ...

How to give up assets when you don't have to?

The last thing you want to do is give up an asset when you don’t have to. Redeem or reaffirm your debts. This may involve filing multiple motions with the court. Fill out and file the forms. They can be confusing, and it’s important to fill them out correctly. Pay the filing fee or request a fee waiver.

What happens if you don't file a petition for discharge?

If you don’t do this correctly, your petition to file can be dismissed. If you don’t file correctly, discharge can be denied. You can always file again with an attorney if your case is denied the first time, but it can be problematic to get discharge approved on the same debt if it’s already been denied once.

Can you file bankruptcy without an attorney?

Of course, just because you can do something it doesn’t mean that you should. Even on the official website for United States Courts it states: “While individuals can file a bankruptcy case without an attorney or “pro se,” it is extremely difficult to do it successfully.”.

Can I file Chapter 7 and Chapter 13?

Pay the filing fee or request a fee waiver. Make sure you are eligible. Both Chapter 7 and Chapter 13 have a means test you must fill out. If you fill out these form s on your own and miss things, you could be deemed unqualified to file. Lawyers know the details of these tests and can help you qualify.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

How long does it take for a bankruptcy to close in California?

Your bankruptcy case will close generally 4 months after it was initially filed. This outline provides the simplified steps to filing for bankruptcy in California. Be aware that there are additional steps that you may need to complete depending on what Chapter of bankruptcy you are filing.

How long do you have to file taxes for bankruptcy?

Last 2 years of Filed Tax Returns – 4 years are generally required for Chapter 13 bankruptcy cases. If you are represented by a bankruptcy attorney, they will also request that you gather these documents and provide them to their office. These documents are needed to complete your bankruptcy schedule and petition. 2.

What do you need to bring to a 341 hearing?

You will need to attend the 341 Hearing and bring proof of social security and identification. The trustee will ask you questions in regard to the documents and schedules that you have filed with the court. The questions that the trustee will ask you about will pertain to your assets, creditors, and income.

What to do if credit counseling certificate expires?

If your credit counseling certificate expires then you will need to retake your class. Once you complete the course you will be issued a certificate that you will need to file in your bankruptcy case. 3. Complete Petition & Schedules – You will need to complete a petition and schedules and file them with the court.

How long is a bankruptcy class?

Complete a Credit Counseling Class – You need to complete a credit counseling class prior to filing your bankruptcy case. The class is approximately 1.5 hours long and generally can be done over the phone or internet.

How long do you have to file a petition and schedule?

The court in which you need to file your petition and schedules will generally depend on where you have lived in the last 180 days.

How long do you have to file taxes for Chapter 13?

If you are filing a Chapter 13 bankruptcy, then you should provide them with the last 4 years of state and federal tax returns. If you have not filed tax returns for several years, then provide the trustee with the last filed federal and state tax return.

How does bankruptcy work in California?

The bankruptcy process falls under federal law, not California state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How long does it take for creditors to stop asking for money after filing bankruptcy?

After Filing for Bankruptcy in California. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them.

What happens if a bankruptcy exemption doesn't cover a property?

When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Choosing state or federal exemptions. Unlike some other states, you can't choose between the state exemption list and the list of federal bankruptcy exemptions.

Is bankruptcy a form driven area of law?

Because bankruptcy is a form-driven area of law, you'll disclose all aspects of your financial situation on official bankruptcy forms. Downloadable, fillable versions are on the U.S. Bankruptcy Court forms web page.

Is bankruptcy a federal law?

Although bankruptcy is governed by federal law, you'll still use some California law and follow particular California procedures. Here's what you need to know to complete the forms and file your matter.

Can you stop paying bills in bankruptcy?

explain when you can stop paying the bills you'll erase in your case. You can expect creditors to call until you file. It's usually best to ignore them because telling creditors about your bankruptcy can encourage them to take more drastic collection steps before losing the right to collect altogether.

Can you lose all your property in California?

You don't lose all of your property when you file for bankruptcy. In fact, California is one of the few states that gives you two separate lists of assets you can exempt (protect). You can't mix and match between the two exemption schemes, however, so you'll want to scrutinize each and select the list that will work best for you.

How long does it take to get credit counseling before filing for bankruptcy?

Bankruptcy law requires that you complete credit counseling within 180 days before you file a bankruptcy petition. Also, Part 5 of the Voluntary Petition (Explain Your Efforts to Receive a Briefing About Credit Counseling) must be completed. The Office of the United States Trustee has a list of approved credit counseling agencies .

How long does it take to get a bankruptcy certificate?

The certification should include an estimate of the payments received from your employer within 60 days before filing your bankruptcy petition, and also should include any other evidence (such as bank statements showing deposits from your employer) of the payments received.

What is bankruptcy judge advisory group?

The Bankruptcy Judges Advisory Group of the Administrative Offices of the United States Courts, Bankruptcy Judges Advisory Group has developed a new web page for individuals who are thinking of filing a bankruptcy petition without an attorney. The page also provides links and videos to resources for Bankruptcy Basics, Credit Counseling, Legal Services, Foreclosures, and Petition Preparers.

What do you need to do before a Chapter 7 discharge?

Before a discharge can be granted in an individual Chapter 7 or Chapter 13 case, each debtor must complete a personal financial management course. This course must be completed after the filing of the petition. A list of the approved financial management providers. is located under the link for the U.S. Trustee.

What is a pro se debtor?

Bankruptcy law can be complicated and debtors should, if possible, obtain information/advice from an attorney or a legal aid service experienced in bankruptcy law. If you are representing yourself without the benefit of an attorney, you are known as a "pro se" debtor. The information contained in this page is not intended to advise you ...

Can a deputy clerk give legal advice?

Deputy clerks cannot provide legal advice. All parties must comply with the Federal Rules of Bankruptcy Procedure, the United States Bankruptcy Code, the Northern District of California's Bankruptcy Local Rules, Administrative Procedures and General Orders. Failure to do so could result in the dismissal of your case.

Can you waive the filing fee for Chapter 7?

For Chapter 7 case only, if you cannot afford to pay the full filing fee or in installments , you may request a waiver by submitting an Application to Have the Chapter 7 Filing Fee Waived ( Official Form 103B). The Court will thereafter enter an order to either 1) waive the filing fee; 2) order payment to be paid in installments;

What is the California bankruptcy code?

California gives debtors a choice between the state law exemptions found in Code of Civil Procedure section 704 and a set of bankruptcy-only exemptions in Code of Civil Procedure section 703.140 that mirror the Bankruptcy Code exemptions that were in the federal law when the California law was adopted.

What do you need to know about filing for bankruptcy?

To decide if you should file for bankruptcy, you need to know: What debts will be discharged (eliminated) in bankruptcy. Bankruptcy is governed by federal law, so it is the same from state to state. But each state may have different exemptions (assets you can keep even when you file for bankruptcy).

What is the process of bankruptcy?

Bankruptcy is a legal process to help debtors (people who owe money) get relief from the debts they cannot pay and, at the same time, help creditors (people who are owed money) get paid from whatever property or assets the debtor has that he or she does not need to live.

What happens after bankruptcy discharge?

So, after a bankruptcy discharge, the debtor is no longer legally required to pay any debts that are discharged.

How long does it take to file for bankruptcy?

If you file a Chapter 7 bankruptcy, your debts can be discharged in as soon as 4 to 6 months. With a Chapter 11 or 13 bankruptcy, it can take as long as 5 years because you may still be making payments for some of the debts.

What debts can you not get rid of in bankruptcy?

Some of the most common debts that you cannot get rid of in bankruptcy are debts from child or spousal support, most student loans, most tax debts, wages you owe people who worked for you, damages for personal injury you caused when driving while intoxicated, debts to government agencies for fines or penalties, and more.

What are the different types of bankruptcy?

Types of bankruptcy. There are four common kinds of bankruptcy cases, named by the chapter of the federal Bankruptcy Code that describes them. Chapter 7 is the most common form of bankruptcy for individuals.