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California Bankruptcy - The Bankruptcy Process

When making financial decisions during the process, you should consult your attorney. In particular there are three items worth mentioning. Under bankruptcy law, certain luxury purchases over $1000 within 60 days of the bankruptcy filing are presumed nondischargeable. Under bankruptcy law, cash advances agregating $1000 within 60 days of the bankruptcy filing are presumed nondischargeable. Debts involving materially false financial statements are nondischargeable under certain circumstances.

If you file the bankruptcy yourself, you must fill out the forms. There are several forms. There could be between 30 and 60 pages in your petition, schedule and other papers filed at the time of your bankruptcy. You must follow the local and federal bankruptcy court rules in completing the forms. Preparing these forms requires an understanding of both bankruptcy law and local state law in order to enter the information correctly and accurately. The forms have to be typed and a certain number of copies must be included with the filing. Today, most attorneys use a computer system to prepare these forms because of there complexity and voluminous nature.

About 30 to 40 days after you file the bankruptcy you will have to attend a hearing presided over by the bankruptcy trustee. This hearing is called the First Meeting of Creditors. At this hearing the trustee will ask questions under oath regarding the content of your bankruptcy papers, assets, debts and other matters. After the trustee is done, your creditors will be permitted to question you. Do not worry, your attorney will be there to represent you and your attorney will help you prepare for the hearing. Sometimes, after your hearing is over, various creditors will approach you to discuss the status of secured property or the your desire to retain a credit card. Your attorney will negotiate with them, with your knowledge and approval. After this hearing you will normally not need to return to court. However, if a creditor files a motion or an adversary action, most likely you will have to return to court. This is the exception and only your attorney can determine if this is likely to happen.

Under normal circumstances, the bankruptcy court will automatically issue the discharge 60 to 75 days after the First Meeting of Creditors. You can reestablish credit though and be back in "A" credit two years after the discharge of Bankruptcy. The bankruptcy is a judgment and will be listed for a period of up to 10 years after the discharge. You must wait 6 years to file again or if your bankruptcy was dismissed you must usually wait for 180 days to refile.

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.