Can you file bankruptcy online in california

But think about the decision carefully because it can really affect you for a long time. Also, bankruptcy does not remove all debt, and there are certain types of debt that cannot be discharged eliminated in bankruptcy. Bankruptcy may not always work to save your home or property, so you need to get advice from a bankruptcy lawyer about whether or not bankruptcy is a good option for you.

Since there are different types of bankruptcy, one may be better for you than another, or bankruptcy may not be a good solution for your type of problems at all. Bankruptcy is governed by federal law, so it is the same from state to state. But each state may have different exemptions assets you can keep even when you file for bankruptcy. There are four common kinds of bankruptcy cases, named by the chapter of the federal Bankruptcy Code that describes them.

A bankruptcy discharge releases a debtor from being personally responsible for certain types of debts. So, after a bankruptcy discharge, the debtor is no longer legally required to pay any debts that are discharged. The discharge prohibits the creditors of the debtor from collecting on the debts that have been discharged. This means that creditors have to stop all legal action, telephone calls, letters, and other type of contact with the debtor.

This prohibition is permanent for the debts that have been discharged by the bankruptcy court. You cannot discharge all debts in bankruptcy. Some of the most common debts that you cannot get rid of in bankruptcy are debts from child or spousal support, most student loans, most tax debts, wages you owe people who worked for you, damages for personal injury you caused when driving while intoxicated, debts to government agencies for fines or penalties, and more. For more information, read the Bankruptcy Code section a.

Each state has its own list of property that can be exempt. California gives debtors a choice between the state law exemptions found in Code of Civil Procedure section and a set of bankruptcy-only exemptions in Code of Civil Procedure section The length of the bankruptcy case depends on the type of bankruptcy you file.

If you file a Chapter 7 bankruptcy, your debts can be discharged in as soon as 4 to 6 months. With a Chapter 11 or 13 bankruptcy, it can take as long as 5 years because you may still be making payments for some of the debts.

Avery Central Lynda T. Bui Central Thomas H. Casey Central Arturo M. Cisneros Central Charles W. Faith Central Todd A. Frealy Central Jeffrey I. Golden Central Amy L. Grobstein Central Weneta M.

Kosmala Central Brad D. Krasnoff Central Heide C. Kurtz Central Sam S. Leslie Central Richard A. Marshack Central Peter J. Mastan Central Sandra K.

McBeth Central John J. Menchaca Central Elissa D. Naylor Central John P. Pringle Central Jason M. Simons Central Steven M.

Speier Central Diane C. Weil Central Robert S. Whitmore Central Edward M. Wolkowitz Central Timothy J. Yoo Central Nancy J. Zamora Eastern Sheri L. Carello Eastern Michael P. Dacquisto Eastern Irma C. Edmonds Eastern Gary R. Important Note: eSR is not available to attorneys or bankruptcy petition preparers.

Why use eSR? There is no cost to use eSR. Pay only the filing fee. Your personal information is only accessible to you using a unique login and password assigned to you. There is no software to download or purchase. How do I use eSR? Obtain credit counseling from a court-approved credit counseling agency. The law requires credit counseling before filing bankruptcy. Make sure to sign up for this course with one of the providers approved for California bankruptcy cases.

There is a small cost associated with taking the course, but several non-profit companies are approved to offer the course in California. 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. 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.

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. 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. If you completed all documents on your computer, print everything out twice so you have a copy for your own files.

California has 4 federal districts, which means there are four bankruptcy districts. You can find out which district your case needs to be filed in using this tool provided by the Eastern District of California. You can file your case by dropping the California bankruptcy forms off in person, or by mailing them to the bankruptcy court. Once your California bankruptcy is filed with the court, most of the heavy lifting is done.

The court will assign a bankruptcy trustee to handle your Chapter 7 bankruptcy case. The bankruptcy trustee sells nonexempt property and pays it to creditors in order of priority, depending on the types of debt someone has. They may send you a letter asking you to send them bank statements, paycheck stubs and similar documents in addition to your federal income tax return.

The Bankruptcy Code requires everyone to take this course after filing bankruptcy even if there is nothing someone could have done differently to avoid it. Once you have completed bankruptcy course 2, your certificate of completion will need to be filed with the bankruptcy court. Make sure you ask your course provider whether they will file the certificate in your Chapter 7 bankruptcy case for you, or if you are required to do it yourself. Since the discharge is the main benefit of filing Chapter 7 bankruptcy in California, it is important not to forget this step.

In most cases,the meeting, or " meeting of creditors ," is the only time a bankruptcy filer goes to court.