If you’re considering filing bankruptcy in California, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Bankruptcy is a legal process that allows individuals and businesses to seek relief from overwhelming debt and obtain a fresh financial start. In California, like in the rest of the United States, eligibility to file for bankruptcy is determined by several factors, primarily under the federal Bankruptcy Code. The two most common types of bankruptcy for individuals are Chapter 7 and Chapter 13 bankruptcy, each with its own eligibility requirements.

1. Chapter 7 Bankruptcy Eligibility:

Chapter 7 bankruptcy, also known as “liquidation” or “straight bankruptcy,” is designed for individuals and businesses that have limited or no disposable income to pay off their debts. To qualify for Chapter 7 bankruptcy in California, you must meet specific criteria:

a. Means Test: The means test is a crucial factor in Chapter 7 eligibility. It compares your household income to the median income in California for a similar household size. If your income is below the median, you automatically qualify for Chapter 7. If your income is above the median, you may still be eligible if you can pass the second part of the means test, which considers your disposable income and expenses.

b. No Recent Chapter 7 Discharge: You cannot file for Chapter 7 bankruptcy if you have received a discharge in a previous Chapter 7 case within the past eight years. However, you may still be eligible for Chapter 13 bankruptcy in such cases.

c. Good Faith Filing: You must file for Chapter 7 bankruptcy in good faith, meaning you are genuinely seeking relief from your debts rather than abusing the system to evade your financial obligations.

2. Chapter 13 Bankruptcy Eligibility:

Chapter 13 bankruptcy, also known as “reorganization” or “wage earner’s plan,” is designed for individuals with a regular income who want to repay a portion of their debts over a three to five-year period. To qualify for Chapter 13 bankruptcy in California, you must meet the following criteria:

a. Regular Income: You must have a consistent source of income that enables you to make regular payments to a Chapter 13 repayment plan. This plan will outline how you will repay your creditors over time.

b. Secured and Unsecured Debt Limits: Chapter 13 bankruptcy has specific limits on the amount of secured and unsecured debts you can have to be eligible. These limits are subject to change due to inflation adjustments, so it’s essential to verify the current limits with a bankruptcy attorney or the U.S. Bankruptcy Court.

c. Good Faith Filing: Similar to Chapter 7, you must file for Chapter 13 bankruptcy in good faith, with the intention to repay your creditors as per the proposed plan.

It’s crucial to note that bankruptcy is a complex legal process, and eligibility requirements can vary depending on your specific financial situation and the type of bankruptcy you wish to file. Therefore, it’s highly advisable to consult with a qualified bankruptcy attorney in California to assess your eligibility accurately, navigate the bankruptcy process, and make informed decisions about your financial future.

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Do You Need a Lawyer to File For Bankruptcy in California?

Filing for bankruptcy in California, or anywhere else in the United States, is a complex legal process that involves navigating various rules, forms, and requirements. While it is possible to file for bankruptcy without an attorney, hiring a lawyer is highly advisable for several reasons. In many cases, having legal representation can significantly improve your chances of a successful bankruptcy outcome and help you avoid costly mistakes.

Here are some key reasons why you should consider hiring a lawyer when filing for bankruptcy in California:

1. Legal Expertise: Bankruptcy law is intricate and subject to frequent changes. A qualified bankruptcy attorney in California has the knowledge and expertise to interpret the law accurately and ensure that your case complies with all relevant regulations and requirements.
2. Assessment of Your Options: An attorney can assess your financial situation and help you determine which type of bankruptcy (Chapter 7 or Chapter 13) is most appropriate for your specific circumstances. They can provide personalized advice based on your income, assets, and debts.
3. Guidance on Eligibility: Determining your eligibility for bankruptcy can be complicated, particularly concerning the means test for Chapter 7. An attorney can help you understand whether you qualify for bankruptcy and explore other debt relief options if necessary.
4. Completing the Bankruptcy Forms: Filing for bankruptcy involves completing numerous forms accurately and providing detailed financial information. A lawyer can assist you in preparing and filing these forms, reducing the risk of errors or omissions that could lead to delays or complications.
5. Protection from Creditors: Once you file for bankruptcy, an automatic stay goes into effect, halting creditor actions like collection calls, lawsuits, wage garnishments, and foreclosure. An attorney can help ensure that creditors comply with this stay and advocate on your behalf if any violations occur.
6. Asset Protection: California has specific exemptions that determine which assets you can keep when filing for bankruptcy. An attorney can help you maximize your exemptions to protect as much of your property as possible while still discharging your debts.
7. Chapter 13 Plan Creation: If you file for Chapter 13 bankruptcy, you’ll need to create a repayment plan that outlines how you’ll repay your debts over several years. An attorney can help you negotiate a feasible plan with your creditors and present it to the court.
8. Representation in Court: If your bankruptcy case involves disputes or objections from creditors, having an attorney by your side can be invaluable. They can represent you in court, defend your interests, and work to resolve any challenges that arise during the bankruptcy process.
9. Post-Bankruptcy Guidance: Bankruptcy doesn’t end when your case is discharged. An attorney can provide guidance on rebuilding your credit, managing your finances, and ensuring a smooth transition to a fresh financial start.
10. Avoiding Costly Mistakes: Bankruptcy mistakes can have long-lasting consequences. Hiring an attorney can help you avoid errors that might jeopardize your bankruptcy case or result in the denial of your discharge.

While hiring a bankruptcy attorney in California comes with associated legal fees, these costs are often outweighed by the potential benefits. Bankruptcy attorneys are well-versed in the complexities of the legal system and can save you time, stress, and money in the long run by helping you navigate the process effectively.

However, if you are unable to afford an attorney, you can explore options for low-cost or pro bono legal assistance through legal aid organizations or bar associations. In some cases, individuals with straightforward Chapter 7 cases may successfully file for bankruptcy on their own, but it is still advisable to seek legal advice to ensure compliance with all relevant laws and regulations.

Cost to File Chapter 7 Bankruptcy in California

The cost to file for Chapter 7 bankruptcy in California involves several components, including court filing fees, mandatory credit counseling fees, and attorney fees if you choose to hire legal representation. Here’s a breakdown of these costs:

1. Court Filing Fees: The standard court filing fee for Chapter 7 bankruptcy in California is $354. This fee is paid when you submit your bankruptcy petition and other required documents to the U.S. Bankruptcy Court. Keep in mind that court filing fees may change over time, so it’s essential to check the current fees with the court or a bankruptcy attorney.
2. Mandatory Credit Counseling Fees: Before you can file for Chapter 7 bankruptcy, you are required to complete credit counseling from a court-approved counseling agency. The cost for this counseling typically ranges from $30 to $70, although some agencies offer it for free or on a sliding scale based on your income.
3. Miscellaneous Costs: In addition to the above fees, there may be other costs associated with your bankruptcy filing, such as obtaining credit reports and notary fees for signing documents. These expenses are relatively minor but should be considered.
4. Attorney Fees: While it’s not mandatory to hire an attorney to file for Chapter 7 bankruptcy, many individuals choose to do so because of the complexity of the process and the benefits of legal representation. Attorney fees can vary widely depending on your location, the complexity of your case, and the attorney’s experience. In California, attorney fees for Chapter 7 bankruptcy cases may range from $1,280 to $3,860 or more. Some attorneys may offer payment plans or a free initial consultation to discuss your case and fees.

Before deciding to file for Chapter 7 bankruptcy in California, it’s essential to carefully consider all associated costs and consult with a bankruptcy attorney or financial advisor to determine the best course of action for your specific financial situation. Bankruptcy can have a significant impact on your financial future, and understanding the costs and implications is crucial for making informed decisions.

Cost to File Chapter 11 Bankruptcy in California

Filing for Chapter 11 bankruptcy in California is a complex and expensive process primarily designed for businesses and individuals with substantial assets and debts who seek to reorganize their financial affairs. The cost of filing for Chapter 11 bankruptcy can be substantial and includes various fees and expenses. Here’s a breakdown of the main costs associated with filing for Chapter 11 bankruptcy in California:

1. Filing Fee: The initial filing fee for a Chapter 11 bankruptcy case in California is $1,945. This fee is paid to the U.S. Bankruptcy Court when you submit your bankruptcy petition and related documents. It’s important to note that filing fees may change over time, so it’s crucial to verify the current fee with the court or a bankruptcy attorney.
2. U.S. Trustee Fees: In addition to the filing fee, Chapter 11 filers are required to pay quarterly fees to the U.S. Trustee based on the amount of disbursements made during the case. These fees are calculated as a percentage of the disbursements and can vary depending on the size and complexity of the bankruptcy case.
3. Attorney Fees: Chapter 11 bankruptcy is highly complex, and legal representation is almost always necessary. Attorney fees for Chapter 11 cases can be substantial and vary widely based on the complexity of the case, the amount of work required, and the attorney’s experience. These fees can range from tens of thousands to hundreds of thousands of dollars. It’s crucial to discuss fees and payment arrangements with your attorney upfront.
4. Administrative Costs: Chapter 11 cases often involve significant administrative expenses, such as accounting, financial consulting, and court-ordered appraisals. These costs can add up and should be budgeted for in your bankruptcy plan.
5. Other Professional Fees: Depending on the specifics of your case, you may need to hire other professionals, such as financial advisors, appraisers, or real estate experts. Their fees will contribute to the overall cost of your Chapter 11 bankruptcy.
6. Creditors’ Committee Costs: In some Chapter 11 cases, a creditors’ committee may be appointed to represent the interests of unsecured creditors. The costs associated with the creditors’ committee, including their legal fees, are typically paid from the bankruptcy estate.

If you are considering Chapter 11 bankruptcy in California, it’s strongly advisable to consult with an experienced bankruptcy attorney who can provide guidance on the process, help you evaluate the costs and benefits, and assist you in developing a viable reorganization plan. Additionally, bankruptcy laws and fees may change over time, so it’s essential to verify the current fees and requirements with the U.S. Bankruptcy Court and legal professionals before initiating the Chapter 11 bankruptcy process.

Cost to File Chapter 13 Bankruptcy in California

Filing for Chapter 13 bankruptcy in California involves several costs and fees that individuals must consider. Chapter 13 bankruptcy, often referred to as a “wage earner’s plan,” allows individuals with a regular income to create a repayment plan to gradually pay off their debts over a three to five-year period. Here’s a breakdown of the main costs associated with filing for Chapter 13 bankruptcy in California:

1. Court Filing Fee: The court filing fee for Chapter 13 bankruptcy in California is paid when you submit your bankruptcy petition and related documents to the U.S. Bankruptcy Court. It’s important to note that filing fees may change over time, so you should verify the current fee with the court or a bankruptcy attorney.
2. Attorney Fees: While individuals can file for Chapter 13 bankruptcy without an attorney, many opt to hire legal representation due to the complexity of the process. Attorney fees for Chapter 13 cases can vary widely depending on the complexity of your case, your location, and the attorney’s experience. On average, attorney fees for Chapter 13 bankruptcy in California may range from $2,890 to $6,370 or more. Attorneys often offer payment plans to make their services more affordable.
3. Credit Counseling and Debtor Education: Before filing for Chapter 13 bankruptcy, individuals are required to complete credit counseling from a court-approved agency, which can cost around $28 to $60. Additionally, a debtor education course is mandatory, and its cost is similar to that of credit counseling.
4. Miscellaneous Costs: There may be other miscellaneous costs associated with your Chapter 13 bankruptcy, such as obtaining credit reports and notary fees for signing documents. These expenses are relatively minor but should be factored into your budget.

It’s essential to note that if you are unable to afford the court filing fee or attorney fees, you may qualify for a fee waiver or installment plan for the court filing fee based on your income and financial circumstances. Additionally, you can explore options for low-cost or pro bono legal assistance through legal aid organizations or bar associations to reduce or eliminate attorney fees.

Chapter 13 bankruptcy offers individuals the opportunity to restructure their debts and establish a manageable repayment plan while protecting valuable assets, such as homes or vehicles. It can be a valuable tool for regaining financial stability, but it requires careful planning and adherence to the repayment plan over several years.

Reliable Bankruptcy Attorneys in California

Below is a list of reputable bankruptcy attorneys in California. They can help you with both personal and business bankruptcy information.

Law Office Of Paul Y. Lee
10580 Magnolia Ave suite a, Riverside, CA 92505, United States

Sacramento Bankruptcy Lawyer
180 Promenade Cir Suite 300, Sacramento, CA 95834, United States

Bankruptcy Law Center of Northern California
100 E St #203, Santa Rosa, CA 95404, United States

Law Offices of W. Kirk Moore
586 N First St #202, San Jose, CA 95112, United States

Luong Lechau Law Firm
343 E Main St #311, Stockton, CA 95202, United States

California Zip Codes We Proudly Serve:

San Jose

95123, 95127, 95112, 95111, 95122, 95116, 95125, 95124, 95148, 95136, 95132, 95129, 95120, 95121, 95128, 95126, 95118, 95131, 95117, 95134, 95133, 95135, 95138, 95110, 95130, 95119, 95139, 95113

Los Angeles 

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San Diego 

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Roseville

95747, 95678, 95661

Anaheim

92804, 92805, 92801, 92802, 92806, 92807, 92808

San Francisco 

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Irvine

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Sacramento

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Fontana

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Bakersfield

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Huntington Beach 

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Fremont

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Oakland

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Modesto

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Moreno Valley 

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Long Beach 

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Santa Ana 

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Fresno

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Riverside

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Chula Vista 

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Oxnard

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Stockton

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San Bernardino 

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Glendale

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Ontario

91762, 91761, 91764

Rancho Cucamonga 

91730, 91739, 91701, 91737

Santa Rosa 

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Oceanside

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Elk Grove 

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Garden Grove 

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Corona

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Hayward

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Lancaster

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Salinas

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Palmdale

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Sunnyvale

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Pomona

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Escondido

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Torrance

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Fullerton

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Victorville

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Concord

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Visalia

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Orange

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Pasadena

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Santa Clara 

95051, 95050, 95054, 95053

Thousand Oaks

91360, 91362

Simi Valley 

93065, 93063

Vallejo

94591, 94590, 94589, 94592

More California Zip Codes we serve:

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96064, 94037, 91763, 95462, 90640, 93940, 93943, 91754, 91755, 96065, 91020, 93021, 94556, 94575, 95037, 92256, 93442, 94038, 95039, 95140, 95041, 91948, 96067, 92561, 95246, 94040, 94043, 94041, 91759, 95247, 92563, 92562, 95554, 94558, 94559, 91950, 95463, 92363, 95959, 93254, 94560, 92365, 91320, 95658, 91321, 95360, 92660, 92663, 92661, 92662, 92657, 94946, 95464, 95659, 92257, 93444, 92364, 92860, 95724, 93643, 95660, 91343, 91605, 91606, 91601, 91602, 92258, 95960, 91326, 91325, 91324, 91330,

90650, 94947, 94945, 94949, 96068, 92567, 93645, 91377, 96069, 93022, 95361, 93644, 94561, 95465, 93445, 92259, 93023, 93549, 96071, 94950, 95961, 96146, 93255, 93646, 95662, 95962, 95555, 94563, 95963, 95556, 92368, 93647, 95966, 95965, 93950, 90272, 94044, 91331, 95043, 92059, 95968, 92260, 92211, 92262, 92264, 94303, 94306, 94301, 94304, 96073, 92266, 92060, 90274, 91402, 95969, 90723, 92267, 93648, 96074, 93446, 95363, 92061, 96075, 93553, 93953, 95946, 94951, 95663, 92570, 92571, 94060, 94954,

94952, 95558, 92371, 95559, 95466, 90660, 95587, 95664, 95665, 91962, 95364, 94564, 92372, 95666, 92268, 93040, 93449, 94565, 93256, 92870, 95667, 95365, 96076, 90293, 95668, 94523, 94566, 94588, 95669, 95468, 93042, 94956, 95726, 94567, 94569, 93041, 93043, 93257, 93258, 96122, 94028, 93260, 91963, 95469, 92064, 93651, 95970, 95971, 95248, 93652, 92065, 92066, 95670, 95742, 92270, 90275, 92067, 92091, 92688, 93554, 96123, 93653, 96080, 93558, 95569, 96003, 96001, 96002, 96049, 92374, 92373, 90278,

90277, 95560, 94061, 94063, 94062, 94065, 95470, 93654, 95672, 91335, 92376, 92377, 93261, 94804, 94801, 94805, 94850, 95974, 93555, 92378, 95562, 95673, 95471, 95674, 94571, 95366, 95675, 95367, 93656, 95765, 95677, 94572, 94928, 93560, 91770, 94957, 95975, 96084, 91748, 95679, 92382, 94573, 95680, 94574, 95368, 92275, 95563, 95564, 95249, 94960, 93450, 94066, 94070, 92672, 92673, 91773, 91340, 91776, 91775, 94963, 94074, 92583, 92582, 93660, 95045, 92675, 94577, 94578, 94579, 94580, 93954, 93405,

93401, 93410, 92078, 92069, 91108, 95046, 94403, 94404, 94401, 94402, 93451, 94806, 90731, 90732, 94964, 94901, 94903, 94583, 93452, 92173, 93657, 93101, 93105, 93103, 93111, 93110, 93109, 93108, 91350, 91390, 95060, 95062, 95064, 95065, 90670, 93453, 93458, 93455, 93454, 90405, 90403, 90404, 90402, 90401, 93060, 93460, 92070, 92071, 95070, 94965, 95565, 96085, 95066, 90740, 93955, 95472, 92273, 96086, 93662, 93262, 93263, 93461, 96087, 96019, 93664, 95250, 95681, 91423, 91403, 95682, 96088, 92384,

96125, 91024, 96126, 92676, 92385, 95683, 95977, 95567, 95369, 95728, 92075, 93960, 93463, 95684, 95568, 93066, 95476, 95370, 95073, 95372, 93665, 91733, 90280, 96150, 96155, 91030, 94080, 93962, 91977, 91978, 93265, 93675, 96128, 94305, 90680, 91381, 95374, 94970, 95978, 95979, 93266, 93267, 95375, 95981, 91604, 92386, 94585, 93666, 93067, 92585, 92586, 92587, 91352, 91040, 94586, 90742, 90743, 96130, 95982, 95685, 91342, 93268, 96145, 96148, 96142, 91356, 95983, 91980, 92389, 93561, 96090, 92592,

92591, 92590, 91780, 93465, 96132, 93270, 95497, 92274, 95686, 92276, 93271, 93272, 93667, 94971, 90290, 96133, 90503, 92679, 92678, 95376, 95377, 95391, 95304, 93668, 93673, 94535, 95075, 95570, 96091, 93562, 93592, 96161, 91042, 93274, 96134, 95379, 93276, 95380, 95382, 92780, 92782, 95984, 95383, 92277, 92278, 95735, 92391, 95482, 94587, 91608, 91786, 91784, 95485, 95687, 95688, 91354, 91355, 95251, 92082, 94972, 95252, 91607, 93563, 91405, 91406, 91401, 91411, 90291, 93003, 93001, 93004, 91046,

95385, 92280, 95486, 92861, 96092, 96135, 92084, 92083, 95689, 95254, 91789, 94598, 94597, 94596, 94595, 95690, 92086, 93280, 95986, 95386, 95076, 96093, 96094, 95736, 93283, 96136, 95571, 91790, 91791, 91792, 91307, 90069, 95255, 95691, 95605, 91361, 95387, 92683, 92281, 95488, 96137, 95692, 92282, 95589, 96096, 90604, 90605, 90606, 90601, 90602, 90603, 92595, 95987, 95490, 95573, 95988, 90744, 95257, 95693, 92596, 95492, 91306, 92283, 95694, 95388, 93669, 95493, 93285, 94973, 95258, 93286, 95695,

95776, 91367, 91364, 91371, 93287, 92397, 92398, 95697, 92886, 92887, 95494, 95389, 94599, 96097, 95991, 95993, 92399, 92284, 95698, 95595

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