How to file for Bankruptcy in California?

By: Timothy McFarlin | Published: March 17th, 2011 | Category: Bankruptcy

In these times of economic uncertainty, many Americans are rethinking their financial situations. Many
have found themselves deeply in debt without the security of the job they had when they made their
financial obligations. Any savings they had amassed in more prosperous times is now going to pay
for the necessities while things like car notes, bank loans and credit card balances are falling by the
wayside.

Bankruptcy Credit Counseling Requirement

Filing for bankruptcy is a way for consumers to get their finances under control without the added
setbacks of creditors making impossible demands on their limited incomes. California law requires all
consumers who are considering filing bankruptcy to enroll in a credit counseling program that has been
approved by the state. A certificate of completion of this program is required to proceed with filing
either type of bankruptcy so securing this certificate should be the first step that you take toward filing
bankruptcy in California.

Which Bankruptcy Chapter to File Under

Next, you will take a means test to decide which type of bankruptcy is right for you. In California,
there are two types of bankruptcy. Chapter 7 bankruptcy allows consumers to wipe their debt slate
clean, have their debts forgiven and get a fresh start on their finances while Chapter 13 bankruptcy
allows consumers to pay off their debts within a three to five year window. To qualify for Chapter 7
bankruptcy, consumers must fall below state-designated income guidelines.

Bankruptcy Court Process and Procedure

From this point, the bankruptcy filing procedure is a meticulous process that can become very
confusing very quickly for someone who is not well-versed in bankruptcy laws and protocols.
California state laws mandate that the bankruptcy petition be submitted to the court for review and
that it must be accompanied by very detailed and very specific supporting documentation that will
prove your case. Any error, discrepancy or omission of detail – no matter how small – can cause your
bankruptcy case to be delayed or even denied.

Our Bankruptcy Attorneys Can Help

Don’t let that happen to you. Seek guidance and legal counsel from qualified California bankruptcy
attorneys
before proceeding with your bankruptcy filing. Having legal representation in bankruptcy
court could mean the difference between your debts being discharged, or your case being dismissed.
To speak with a qualified Bankruptcy Attorney in California or Utah, call us toll free today at (888)
728-0044
, we are here to help.

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