Different lawyers charge different fees. A Chapter 7 should cost more for a small business owner or if there are tax debts. A Chapter 7 should cost somewhat less if there is no small business, if there are no tax debts.

Many attorneys give free consultations and will give you a quote when... View More

The documents are public when they are filed, except for your social security number.

Yes. If you don't have a lawyer you should get one as soon as possible.

The exemption that is usually used for money in bankruptcy in California is called the Wild Card Exemption. You can use more of it on a bank account or less depending on what else you are trying to protect.

Exemption planning for cars, for houses, for bank accounts is complicated. For the... View More

Chapter 7 is a liquidation and Chapter 11 is a reorganization. Chapter 13 is also a reorganization.

In Chapter 7, you can only keep what you can exempt under California law. The non exempt property if any will be sold to pay debts.

In Chapter 11 and Chapter 13, you propose a payment... View More

You should talk with a lawyer. Many bankruptcy lawyers have free consultations. Chapter 11 is not what you want. It is for large businesses or people with very large income or very large debts.

Because you are a low income senior, you might not have to file for bankruptcy at all. First find... View More

No. Call the trustee assigned to his case, or the United States Trustee's office through the Department of Justice with the Federal government.

As a creditor, you need to file a proof of claim. You have the right to examine the debtor at the 341 hearing. You can request a further questioning of the debtor, called a 2004 examination.

If you want to sue to prevent either this debt or this debtor from being discharged in bankruptcy,... View More

It is not easy to get a Chapter 7 bankruptcy dismissed after it is filed. Chapter 13 filers have a legal right to change their mind and dismiss their case. Chapter 7 filers do not have this right. There is no form for this. You have to submit a motion to the Court explaining why the case should be... View More

That information is available on a government database called PACER. If you have never used it before, you should go to a local bankruptcy court and ask the clerk's office how to use it. Or you can go to a local county law library and ask the law librarian.

If you do, you won't get a discharge. There may be other reasons to file anyway, depending on your situation.

Be very careful with this.

When you file a bankruptcy, you are swearing, under oath, that the forms are accurate, truthful and complete. The information must be correct for the day you sign the papers and file the case.

Also, when you file a case without an attorney, you need to... View More

Most rights to payment may be freely transfered. If you are the debtor, you don't usually have the right to reverse or prevent a transfer of a claim.

If you are not represented by a lawyer, you will need to ask the trustee asigned to your case what needs to be done to get the trustee to formally abandon the residence as an asset in your case.

A bankruptcy attorney can advise you how best to handle a wage garnishment. Most bankruptcy attorneys offer free consultations. www.nacba.org offers a list of local attorneys.

You are asking a question about exemptions. In order to keep your car in a Chapter 7, you have to exempt it. If you don't exempt it, it can be taken and sold to pay debts. This is a good question to take to a lawyer in person. The answer depends on both the dollar value and the kinds of things... View More

You can file a proof of claim in the bankruptcy so that you receive a proportional distribution of the funds the court finds available to distribute. You can follow the progress in the case so that if it fails and a discharge is denied you can sue to collect your money. You can read the schedules... View More

If you want to keep your car and transfer to a 7, you need to speak to an attorney in person about how to do that.

Find a consumer attorney, one who files cases based on the Fair Debt Collection Practices Act. If you're in the Bay Area, I might be able to help you.

There are serious risks to filing without a bankruptcy attorney. Some people do it. Results can include losing property, like a car, that an attorney would have known how to protect. It is almost impossible to file a 13 that will be confirmed without an attorney. 7's are more straightforward... View More