Financial Articles

When the 2005 Bankruptcy Act was created, this affected the bankruptcy laws in California, as well as other states across the country. Within this act, those involved in California bankruptcy are required to participate in credit counseling. This participation must occur within 180 days of the bankruptcy filing. Furthermore, any person filing for bankruptcy is also required to complete a course in financial management.

This means that any California bankruptcy filer must have an evaluation of the expenses and their income. By doing so, you can determine if a chapter 13 or a chapter 7 California bankruptcy is right for you. The new bankruptcy laws established in 2005, requires a great many new things, all of which affects the California bankruptcy laws as well.

As a requirement, you must undergo an evaluation. What will happen is that a court official will create a document that details the past six months of income you have received. They will then compare your income with that of the California median income. In order to file a chapter 7 bankruptcy, your income must fall below the median income within California.

However, just because your income does not fall below that level, does not mean you cannot file a chapter 7 bankruptcy, it does mean that other factors will need to be considered in making the determination. However, in most instances, when the income is above the median income level in California, a Chapter 13 filing is necessary.

Before you even consider starting the process of California bankruptcy, you should gather some documents. Things you should have include a list of your property, a list of your debt, a list of expenses, two years of debt, as well as records of finances and income. As you gather your paperwork, make sure you include documentation for outstanding credit card debt or loans, previous tax filing records, titles to automobiles, and titles to any property you own.

The next step in filing a California bankruptcy is to obtain the services of a reputable bankruptcy lawyer. This lawyer can guide you throughout the entire process, as well as aid you in obtaining the necessary forms needed in California to file for bankruptcy. The forms needed are referred to as “schedules”. Schedules help you in obtaining the documents you need in your case.

After you or your attorney has filed the bankruptcy documents, creditors cannot legally contact you in any way regarding the debts you have included in the bankruptcy case.