The Chapter 7 Bankruptcy Process in California

Filing for Chapter 7 bankruptcy relief can seem like complicated and confusing process.  However, once you understand the basics of how the process works you should be able to reach a better understanding how Chapter 7 bankruptcy can get you the financial relief you need by eliminating up to 100 percent of your unsecured debt.

Overview of the Bankruptcy Process

The first step is to decide whether you want to retain the services of a qualified and competent bankruptcy attorney.  Individuals always have the option of representing themselves.  However, bankruptcy law can be rather complicated and one should really consider hiring an experienced attorney to represent them throughout the process.  Assuming you want to retain an attorney, you would start the process by scheduling a consultation.  Fortunately, most bankruptcy lawyers offer a free consultation so you really do not have anything to lose.

Filing the Petition

The next step, should you decide to file for bankruptcy, would be to gather the necessary information so that you can file your bankruptcy petition.  In this petition individuals must list all their assets and all their debts and provide an array of information required under the code.  However, before your petition can be filed debtors must complete a pre-bankruptcy counseling course.  Fortunately, this counseling course can be done online or over the telephone.

341 Meeting

Once your petition is prepared and your pre-bankruptcy counseling course is completed, you file your case with the Bankruptcy court.  Once filed, you will need to attend a 341 hearing, also known as a meeting of creditors, between 30 – 40 days after your case is filed.  At this hearing you will be under oath and must answers a series of questions by the Trustee administering your case.

Post-Bankruptcy Counseling

After the 341 hearing, you are then required to complete a second post-bankruptcy counseling course.  Again, many providers allow you to do this over the internet or telephone.  If you are eligible for discharge of your debts, you will receive your discharge between 60 – 90 days after your 341 hearing.

For more information about how the bankruptcy process works you should contact a bankruptcy attorney in your area.

Nothing in this article is intended to offer legal advice and should be used for informational purposes only. Contact a Chapter 7 Bankruptcy Attorney if you live in the Sacramento or Roseville California area.