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Getting Started

What is Bankruptcy
Who May File
Bankruptcy Types
Chapter 7
Chapter 13
Chapter 11
Chapter 20
Effect on Creditors
Bankruptcy Can Do
Bankruptcy Can't Do
Court Appearance
Bankruptcy Trustee
Court Costs
Getting Started
Creditor Notification
Property
Home & Car
Property After
Discharge
Secured Debts
Credit After
Keeping Cards
Credit Reports
Re-Establishing Credit
You Should Know
Attorney Needed
Debt Counseling
About Paralegals
Find an Attorney

How do I get started?

To begin the bankruptcy process you must itemize your current income sources; major financial transactions for the last two years; monthly living expenses; debts (secured and unsecured); and property (all assets and possessions, not just real estate).  You should also collect your tax returns for the last two years, deeds and mortgage paperwork to any real estate you own, your car(s) titles and loan documents, and the documents for any other loans you may have.

Once you have gathered this information, either on your own or with the help of an attorney, you should then determine which property you believe is exempt based on the California exemptions.  To actually file, either your or your attorney, will need to file a two-page petition and several other forms at your California district bankruptcy court.  These forms, collectively are referred to as the schedules and ask you to describe your current financial status and recent financial transactions (typically within the last two years).  All the documents filed with the Bankruptcy Court must be accurate, truthful, and complete.  If your creditors or the judge feel or find out that you have not been entirely forthcoming in your bankruptcy filing, it could jeopardize the outcome of your petition.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
May 28, 2004

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