San Diego Bankruptcy Attorney

How to File Bankruptcy for Free in California?

The first step to filing San Diego Bankruptcy Attorney is to collect the required legal documentation. This includes your recently filed tax returns, a list of all your bank accounts, valid identification, proof of ownership of valuable assets, and evidence of your income stream.

Next, before entering the bankruptcy legal process, you are required by California law to participate in a credit counseling service that has been approved by the California court system.

This service will assist you in reviewing your financial predicament and help you decide if you want to pursue bankruptcy. Bankruptcy Lawyer This step is not optional, a failure to participate in credit counseling will result in your case being dismissed. The last step is to consult a bankruptcy attorney, who can guide you through the bankruptcy process. While some people do file for bankruptcy without legal help, the success rate for such cases is less than 1%.

Living in California comes with a lot of benefits, but it also often comes with a high cost of living, which makes slipping into debt really easy. After all, if most of your income is spent on just housing and transportation expenses, not much is left for any other expenses. Filing bankruptcy in California can help you wipe your slate clean and get a fresh start. Bankruptcy law provides for an automatic stay of debt collection actions. 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. Not all debts are dischargeable in bankruptcy. Things like unpaid child support, recent tax debt and most student loans are not erased by filing bankruptcy. Whether you are an Oscar-winner like Kim Basinger, who filed in 1993, or just a regular Californian trying to make a living in the Golden State, it's important to remember that you too can use this legal tool to get debt relief by filing either Chapter 7 or Chapter 13 bankruptcy www.sandiego-bankruptcyattorney.com.

Collect Your California Bankruptcy Documents

You’ll submit most of the information for your California bankruptcy case by submitting the official bankruptcy forms to the court. Collecting certain documents that contain the information you’ll need beforehand will make that part a lot easier for you. Plus, there are a few things - like your last income tax return - that have to be submitted to your trustee during the bankruptcy process. To correctly calculate your monthly income, you’ll need to collect your paycheck stubs from the last 6 months. If you’re self-employed or a gig worker, document your monthly income in a way that makes sense for your situation. You’ll also need to provide a list of all your creditors to the bankruptcy court. You can get a free credit report to help with this but you should also review any collection notices you’re getting in the mail. That way you can make sure you’re not missing anyone.

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. You don’t have to go anywhere to complete this requirement; most providers offer it online or over the phone. There is a small cost associated with taking the course, but several non-profit companies are approved to offer the course in California. So, if the first phone number you call ends up quoting you $50 - the maximum allowed under federal law - shop around. There’s bound to be more affordable options available.

Complete the Bankruptcy Forms 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. If you hire a bankruptcy attorney, they’ll ask you all the questions that they need answered to prepare the California bankruptcy forms. If you’re using Upslope's free app, it’ll walk you through all of the questions on the forms, then generate them for you. Since you are the one signing the bankruptcy forms before they are filed with the court, it's important for you to carefully review everything.

You can learn more about the California bankruptcy process by visiting the court’s self-help center in San Diego or the self-help desk at the Sacramento courthouse.

Get Your Filing Fee If your income is less than 150% of the federal poverty guidelines, you can file an application to have the filing fee waived. If you don’t meet the requirements for a fee waiver, but are unable to pay the full $338 all at once - maybe due to an ongoing garnishment -, you can apply to pay the court filing fee in installments instead.

If you are able to pay the court filing fee in full, you should bring it with you when you go to the courthouse to file all of your bankruptcy documents. You can’t use a credit card, debit card, or

personal check to make this payment. California bankruptcy courts generally accept US Postal Service money orders and cashier's checks from an acceptable financial institution (this probably means major bank). Cash usually works too, but many bankruptcy courts are not accepting cash at the moment due to the coronavirus pandemic.