how to file for bankruptcy without a lawyer in california

by Nicholas Lueilwitz Published 2 years ago Updated 1 year ago 6 min read

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 ...
Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
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.
Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
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

Do I need a lawyer to file bankruptcy?

Oct 18, 2021 · 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. Next, you’ll have to complete a .

How do I get credit counseling before filing bankruptcy in California?

Apr 17, 2022 · File Your Forms With the California Bankruptcy Court California is divided into four districts. Each district has its own filing rules for individuals handling their bankruptcy cases without an attorney. In all districts, individuals can file by mail or in person. You can go yourself or have someone else drop off your forms for you.

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

Mar 27, 2015 · You can still file bankruptcy without an attorney. And you might even be successful. ... California Bankruptcy Attorney Certified Specialist in bankruptcy law handling exclusively bankruptcy cases since 1991 in Chapter 7, Chapter 11, and Chapter 13. Representation of debtors and creditors in bankruptcy.

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

Sep 25, 2021 · Monday, February 7, 2022. Facts. News

Can I file bankruptcy without a lawyer in California?

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.Feb 9, 2022

How do I qualify for bankruptcy in California?

In a Nutshell

To be eligible to file Chapter 7 bankruptcy in California, you need to pass a means test. This looks at your household income to see if you're able to pay back the debt you owe. Income limits are established based on the median household income for California households of the same size.Mar 31, 2022

How do I file Chapter 7 with no money?

Eligible filers are able to file Chapter 7 for free. If your household income is less than 150% of the federal poverty level, you can ask the bankruptcy judge to waive your court fees with a simple application submitted along with your bankruptcy petition.Feb 8, 2022

What is the income limit for Chapter 7 in California?

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:

401k loans.
Other government debt such as fines and penalties.
Restitution for criminal acts.
Debt arising from fraud or false pretenses.
Debts you intentionally did not include in your bankruptcy forms.
Damages related to a DUI accident.

Nov 2, 2020

What is the downside to filing bankruptcy?

Filing for bankruptcy can negatively impact your immediate financial future. Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.

What are the 3 types of bankruptcies?

3 The different types of bankruptcies are called “chapters” due to where they are in the U.S. Bankruptcy Code.

Chapter 13: Adjustment of Debts for Individuals With Regular Income.
Chapter 7: Liquidation.
Chapter 11: Business Reorganization.
Small Business Reorganization Act of 2019.

Jan 18, 2020

Is it better to file a Chapter 7 or 13?

Most consumers opt for Chapter 7 bankruptcy, which is faster and cheaper than Chapter 13. The vast majority of filers qualify for Chapter 7 after taking the means test, which analyzes income, expenses and family size to determine eligibility.

What is the means test for Chapter 7?

The full Means Test compares the debtor's income to their expenses to determine whether they should benefit from Chapter 7 relief based on their “disposable income.” Applying the Means Test involves deducting all household expenses from the debtor's gross income, including housing costs, utilities, medical expenses, ...

Can I keep my car if I file Chapter 7 in California?

If the applicable California bankruptcy motor vehicle exemption is equal to or greater than the replacement value of your car, you will most likely be allowed to keep your car. On the other hand, if the applicable exemption is much less than the value of your car, the trustee will most probably proceed with selling it.Jun 13, 2019

How long does it take to file Chapter 7 in California?

From start to finish, the typical Chapter 7 bankruptcy case will take between 90 and 120 days. Your case may take longer if a detailed financial investigation is required or if any creditors raise objections.Jul 20, 2013

How do you pass Chapter 7 means test?

How to pass the Chapter 7 Means Test?

Step 1: Outline your expenses.
Step 2: Subtract the average of taxes, social security, and living expenses.
Step 3: Calculate disposable income limits.

What happens when you file for bankruptcy in California?

The court will assign a bankruptcy trustee to handle your Chapter 7 bankruptcy case. The bankruptcy trustee sells nonexempt property and pays it to creditors in order of priority, depending on the types of debt someone has .

Where is the bankruptcy court in California?

The Central District of California is home to the largest bankruptcy court in the United States and has court locations in Los Angeles, Riverside, Santa Ana, Santa Barbara and in the San Fernando Valley.

How many bankruptcy districts are there in California?

Go to Court to File Your Forms. California has 4 federal districts, which means there are four bankruptcy districts. You can find out which district your case needs to be filed in using this tool provided by the Eastern District of California.

Where is Chapter 7 bankruptcy heard in California?

Folks filing for Chapter 7 bankruptcy in California who live in the counties of Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara, Ventura, and San Luis Obispo will have their case heard in the Central District.

What is the goal of bankruptcy?

This means wage garnishments and repossessions have to stop as soon as your case is filed. The goal of every bankruptcy is to eliminate your debts. This happens when the bankruptcy discharge is entered.

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

Take Credit Counseling. You’ll have to complete credit counseling in the 6 months before filing your bankruptcy case. Federal law requires it, no matter what type of bankruptcy someone files. Make sure to sign up for this course with one of the providers approved for California bankruptcy cases.

Is bankruptcy the same for everyone?

The bankruptcy forms are the same for everyone that files in the same district as you . Some of the national forms are pretty self-explanatory and easy to complete by yourself. Others, like the one asking you to list your exempt property, can be a little more technical.

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 .

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 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 ...

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.

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.

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 bankruptcy judges give legal advice?

Court employees and bankruptcy judges are prohibited by law from offering legal advice. 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.

How to advise bankruptcy?

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. Advise you of the tax consequences of filing.

Can a bankruptcy preparer enter information into a bankruptcy form?

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.

What do you do if you file for bankruptcy pro se?

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.

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 lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

Can student loans go away in bankruptcy?

Nondischargeable debts, like domestic support arrearages and recent tax debt, won't go away in bankruptcy, and student loans aren't easy to wipe out (you'd have to win a separate lawsuit). You'll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while.

Can you keep property in Chapter 7 bankruptcy?

You can keep property protected by an exemption or "exempt" 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.

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.

What to do if you have no money in bankruptcy?

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.

What to do if you fail to report a debt?

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. Next, you'll have to complete a credit counseling and financial literacy course.