BANKRUPTCY –PART 11 —- How to File for Bankruptcy in California

Posted by on Jul 14, 2018 in Questions and Answers | 0 comments

How to File for Bankruptcy in California

If you need to file for bankruptcy in California,  there are steps that you need to take regardless of whether you represent yourself or are represented by an attorney.

  1. Necessary Documents -The documents you will need to gather are:

6 months of Paystubs or Other Income Verification.

Creditor Information – Gather information on all of your creditors.

Asset Information- Gather documents that provides information on any assets you have including bank accounts, whole life   insurance policies, IRA, 401K, last 2 years of filed tax returns and 4 years of filed tax returns if you are filing for Chapter 13.

2.  Complete a Credit Counseling Class – You need to complete a credit counseling class prior to filing your bankruptcy case. The class can generally be done over the phone or internet. The credit counseling class has to be completed within 6 months before filing.

  1.  Complete Petition & Schedules – You will need to complete a petition and schedules and file them with the court.
  2.  Provide the Trustee with Tax Returns – You will need to mail the trustee who has been assigned to your case your last 2 years of filed federal and state tax returns. If you are filing a Chapter 13 bankruptcy then you must provide him/her  with the last 4 years of state and federal tax returns. If you are represented by an attorney, the attorney will complete this process.

5.  Attend 341 Hearing – After your bankruptcy case is filed there will be a 341 hearing scheduled. You will need to attend the 341 hearing and bring your social security card and identification. The trustee will ask you questions with regard to the documents and schedules that you have filed with the court. If you are represented by an attorney then the attorney will be present with you at the 341 hearing.

  1.  Complete a Debtor Education Class – You will need to complete a second class after you file your bankruptcy petition and documents. Once the class is completed you will need to file a B23 form with the court that indicates that you have completed an approved Debtor Education Class.

 

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