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What are the steps I need to follow to file for bankruptcy in California?

To file for bankruptcy in California, you will generally need to follow a number of steps:

  1. Determine which type of bankruptcy to file for: There are two main types of personal bankruptcy available to individuals in California: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves liquidating your assets to pay off your debts, while Chapter 13 bankruptcy involves creating a repayment plan to pay off your debts over a period of three to five years. You will need to determine which type of bankruptcy is best for your specific financial situation.
  2. Complete credit counseling: Before you can file for bankruptcy, you will need to complete a credit counseling course from a government-approved agency. This course is designed to help you evaluate your finances and determine whether bankruptcy is the right option for you. Once you complete the course, you will receive a certificate that you can use to prove that you have qualified for bankruptcy.
  3. Fill out bankruptcy forms: To begin the bankruptcy process, you will need to fill out a number of forms, including a petition for bankruptcy, a statement of financial affairs, and schedules of your assets and liabilities. You will also need to provide detailed information about your income, expenses, debts, and property.
  4. File the forms with the court: Once you have completed the necessary forms, you will need to file them with the bankruptcy court in your area. You will also need to pay a filing fee, although you may be able to request a waiver of this fee if you are unable to afford it.
  5. Attend a meeting of creditors: After you file for bankruptcy, you will be required to attend a meeting of creditors, also known as a 341 meeting. This meeting is conducted by a bankruptcy trustee and is designed to provide creditors with the opportunity to ask you questions about your finances and your bankruptcy case.
  6. Complete the bankruptcy process: Depending on the type of bankruptcy you file for, you may be required to complete additional steps before your bankruptcy is finalized. For example, if you file for Chapter 7 bankruptcy, you may be required to go through a means test to determine whether you qualify for this type of bankruptcy. If you file for Chapter 13 bankruptcy, you will need to complete your repayment plan and attend a confirmation hearing before your bankruptcy can be finalized.

It's important to note that there are a number of potential limitations and exceptions to the bankruptcy process that may apply to your specific situation. For example, certain debts, such as child support and student loans, may not be dischargeable in bankruptcy. Additionally, if you have previously filed for bankruptcy, you may be subject to certain restrictions or limitations on your ability to file again. If you are considering filing for bankruptcy in California, it may be in your best interest to consult with a licensed bankruptcy attorney to discuss your legal options and potential risks.