how to file bankruptcy in california without a lawyer

How To File Bankruptcy for Free in California

• Collect Your California Bankruptcy Documents
• Take a Credit Counseling Course
• Complete the Bankruptcy Forms
• Get Your Filing Fee
• Print Your Bankruptcy Forms
• File Your Forms With the California Bankruptcy Court
• Mail Documents to Your Trustee
• Take a Debtor Education Course
• Attend Your 341 Meeting
• Dealing with Your Car

Full Answer

Can I file bankruptcy without a lawyer?

 · Obtain Your Credit Reports And Complete Credit Counseling. How to File for Bankruptcy Chapter 13 – Without a Lawyer. The next step is to obtain from all three credit bureaus. You’ll need all three reports because creditors don’t typically report to every bureau. If you fail to report a debt, it won’t be discharged in bankruptcy.

Can legal aid in California help you file Chapter 7 bankruptcy?

How to File Bankruptcy without a Lawyer. Gather all of your documentation. Attend a credit counselling session. Fill out the bankruptcy paperwork. Pay the filing fee. Make a copy of your bankruptcy paperwork. Submit your bankruptcy forms to the court. Send your trustee documents. Frequently Asked Questions.

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

 · The experienced California bankruptcy attorneys at Fitzgerald and Campbell It goes without saying that filing for bankruptcy should generally be a last; It costs $299.00 to file Chapter 7 bankruptcy in the state of California, and it costs $274.00 to file Chapter 13 bankruptcy. If you cannot afford to pay;

How can a bankruptcy lawyer help me?

The Court has four divisional offices located in San Francisco, San Jose, Oakland, and Santa Rosa. The proper divisional office to file a bankruptcy petition is determined by the debtor's county of residence, as follows: Santa Rosa - Counties of Del Norte, Mendocino, Humboldt, Napa, Sonoma, Marin and Lake. The division office is located at the United States Courthouse, 99 …

Can I file for bankruptcy without an attorney?

Do I need an attorney to file for bankruptcy? Answer: An individual (or persons who are married spouses filing jointly in the same case) may file a bankruptcy case without the assistance of an attorney. When this happens the individual (s) represent themselves as debtors in pro se, which can be extremely difficult to do.

What is the federal law for filing bankruptcy?

Answer: Federal law (28 U.S.C. §1930) requires the payment of a fee to file a bankruptcy petition and also, in limited circumstances, permits such fees to be waived or paid via installments.

Can you pay bankruptcy court fees by cashier?

No. The only acceptable forms for debtors to pay fees are money orders and cashiers' checks made payable to “Clerk, U.S. Bankruptcy Court,” in the exact amount of the required payment. The Clerk's Office does not make change.

Does bankruptcy have jurisdiction over credit reporting agencies?

Answer: The bankruptcy court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 15 U.S.C. Section 1681 (c) provides that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed.

How long does it take for a bankruptcy to be removed from credit report?

The Fair Credit Reporting Act, 15 U.S.C. Section 1681 (c) provides that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years.

What time does the court open?

The Court is open to the public between the hours of 9:00 a.m. to 4:30 p.m. Monday through Friday, except on Federal holidays. To file an emergency petition on paper after regular business hours, a pre-approved appointment must be arranged. Please contact the Court at (888) 821-7606 to arrange for an emergency filing.

How long do you have to do credit counseling before filing bankruptcy?

CREDIT COUNSELING BEFORE YOU FILE. 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.

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 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.

What is a 342b notice?

), in accordance with §342 (b) of the Bankruptcy Code, this notice: (1) describes briefly the services available from credit counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you supply in connection with a bankruptcy case.

What is redaction in a document?

Redaction of Personal Data Identifiers in All Documents - The Judicial Conference of the United States has implemented policies to protect sensitive information about parties, witnesses and others involved in a civil, criminal, or bankruptcy case.

Is bankruptcy good for unsecured debt?

Bankruptcy is most helpful to people with unsecured debt, like credit cards and medical bills, because these kind of debts are dischargeable. You can potentially walk away from them completely. Secured debts are those which are tied to a specific item as collateral.

Is Chapter 13 bankruptcy good?

A Chapter 13 case may be more beneficial to you if you have secured debt. There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

What are non-dischargeable debts?

There are also debts which are non-dischargeable in a bankruptcy case. Non-dischargeable debts include things like child support, alimony, most tax debt, etc. If the bulk of your debts are non-dischargeable a Chapter 7 bankruptcy may not offer the relief you are seeking.

How long does a Chapter 7 bankruptcy last?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated. A Chapter 13 involves a repayment plan that will run for three to five years.

How to determine if you qualify for Chapter 7?

First you will need to determine if you are eligible to file a Chapter 7 by passing the means test. If you are below a certain threshold for your state you will qualify, otherwise you need to complete both parts of the means test calculation to determine your disposable income.

What is the difference between Chapter 7 and Chapter 13?

A Chapter 7 is what you think of as a traditional bankruptcy, where you walk away from your debt and get a fresh start. A Chapter 7 case lasts for a significantly shorter amount of time than a Chapter 13 case. A Chapter 13 can be much more complicated.

What can a non-attorney do if you file bankruptcy?

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. A petition preparer must sign all documents they prepare for you; print their name, address and social security on the documents; and provide you with a copy of all documents. They cannot sign documents on your behalf or receive payment for court fees.

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.

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.

How Hard Is It To File for Bankruptcy on Your Own?

You will at least need an understanding of the legal issues before filing the bankruptcy petition. How hard a case will be will also depend on other factors including :

Can You File if You Have No Money?

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.

Chapter 13 Bankruptcies and Other Situations

While in some cases you can file bankruptcy without a lawyer, there are exceptions, depending on the type of bankruptcy. Some examples include:

Legal Advice From an Experienced Attorney May Help

Although filing bankruptcy without an attorney may be possible, it may not always be the best route for you. If you need legal help with your bankruptcy case, speak to a bankruptcy attorney near you.