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California Bankruptcy - Bankruptcy FAQs

I am a co-signer for a debt, how does bankruptcy affect my obligation?
If the debt is a dischargeable debt then you will not have to pay it. However, the cosigner will become primarily responsible for the debt. Be sure to list the co-signer as a creditor in your schedules as they have a contingent claim against you.

Can I keep my credit cards after bankruptcy?
Under some circumstances you may keep your credit cards. There are many factors which must be considered. Some of those include the credit card balance at the time of the bankruptcy, what the credit card company is willing to do and your ability to pay the present and future credit card debt.

Will I lose my job?
No. Bankruptcy laws prohibits discrimination based upon a debtor filing for protection under the bankruptcy laws.

Can I go to jail if I file bankruptcy?
No. There are no debtor's prisons in the United States.

Will my employer find out about my bankruptcy?
Under normal circumstances, unless your employer is a creditor, your employer will not know.

Will bankruptcy stop a wage attachment?
Yes.

Will bankruptcy stop a judgment?
Yes. Most civil judgments are stopped by bankruptcy.

Will a bankruptcy remove a lien?
Under some circumstances once the bankruptcy proceedings have started, special motion can be filed to remove certain liens. It will take a bankruptcy court order to remove them. This is a complicated area of the bankruptcy law and an attorney should be consulted.

Will bankruptcy stop an eviction action?
Perhaps. However, this will only delay the inevitable. The owner is entitled to possession of his property and at best you will be able to remain in the property until you have received your discharge from bankruptcy or the landlord obtains an order from the bankruptcy court. I must caution you that if the only reason you filed the bankruptcy is to stop an eviction then this might be considered an abuse of Chapter 7. If the bankruptcy court finds that this is true then the court can immediately dismiss the bankruptcy and impose other legal and monetary sanctions on you.

Will bankruptcy stop a foreclosure?
Yes. However, a home is an asset usually secured by a deed of trust. The mortgage company is entitled apply to the court for relief from the automatic stay, the order preventing creditor action by virtue of the bankruptcy. Depending upon several factors, you may be able to prolong a foreclosure until you have received your discharge from bankruptcy. Usually, to keep a home that is in foreclosure you will have to make a deal with the noteholder.

I am divorced, will bankruptcy wipe-out my obligation to pay community debts?
In general, you will be discharged from all dischargeable community debts. However, you should discuss this with your family law attorney to understand the other implications of the filing of a bankruptcy during the pendency of a dissolution action (divorce case). Also, remember that if you are discharged from community debts, your spouse is responsible for the entire balance owing on the debt. Put another way, they shift the responsibility on to you.

Note: This information deals with Chapter 7 consumer bankruptcy. Each state has its own bankruptcy laws, so you need to check with your state for details.

Alternatives to Bankruptcy The Bankruptcy Process
Bankruptcy and Bills Bankruptcy and Bill Collectors
Bankruptcy FAQs Chapter 7 Bankruptcy
Avoiding Foreclosure Your Personal Property


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Additional California Refinance Information


santa clara county

campbell cupertino gilroy los altos los altos hills
milpitas morgan hill palo alto san martin mountain view
santa clara saratoga stanford sunnyvale los gatos mtns
los gatos san jose monte sereno blossom valley west san jose
cambrian evergreen east valley almaden valley central san jose
santa teresa willow glen north valley south san jose

san mateo county

atherton belmont brisbane burlingame daly city
colma hillsborough foster city el granada east palo alto
la honda loma mar menlo park millbrae half moon bay
montara moss beach pacifica pescadoro portola valley
san bruno san carlos san gregorio san mateo redwood shores
woodside redwood city south san francisco

santa cruz county

capitola scotts valley soquel watsonville bonny doon
davenport north coast freedom corralitos la selva beach
aptos rio del mar seacliff ben lomond san lorenzo valley
brookdale boulder creek felton live oak lompico-zayante
santa cruz

monterey county

carmel carmel valley del ray oaks fort ord marina
monterey pacific grove pebble beach salinas seaside
aromas castroville carmel highlands prunedale big sur
spreckles toro park corral de tierra chualar gonzales
greenfield king city soledad

san benito county

hollister tres pinos dunneville paicines new idria
san juan bautista

san francisco county

north beach nob hill excelsior bayview inner mission
lakeshore noe valley pacific heights richmond presidio
parkside sunset diamond heights

alameda county

alameda albany berkeley dublin castro valley
emeryville fremont hayward livermore newark
oakland piedmont pleasanton san leandro san lorenzo
sunol union city

contra costa county

alamo antioch bay point bethel island byron
knightsen blackhawk brentwood clayton concord
clyde crockett port costa danville diablo
discovery bay el cerrito el sobrante hercules lafayette
martinez pacheco moraga oakley orinda
pinole pittsburg richmond pleasant hill rodeo
rossmoor san pablo san ramon walnut creek
 
 
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Additional California Information:
California is not a bad place to live. Within its borders you can find beaches, plains, deserts and mountains; oceans, lakes, and rivers; and urban, suburban and rural neighborhoods. California by itself is the seventh largest economy in the world making it any easy place to find a job or open up business, although it may be hard to work with the ever-present distractions. From the sunny Los Angeles beaches to the snowy slopes of the Sierra Nevada, there is always something to do in California. Each city in California is unique in its own way. There’s LA and its freeways, actors and musicians. There’s San Francisco with the landmark Golden Gate Bridge, its historical architecture and charming inhabitants. There are the central valley towns surrounded by vast fields of crops that serve to feed people all over the world. Making your home in California would not be a mistake and it would secure you a permanent place and investment in this big, beautiful, bustling state.