Los Angeles, CA asked in Bankruptcy for California

Q: Just wondering i have 10k in credit card debt how do i file for chapter 7

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4 Lawyer Answers
Tristan Brown
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Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: Based upon the information provided, I am unable to determine whether bankruptcy is advisable in your situation.

Be sure to contact an experienced bankruptcy attorney in your state to discuss your bankruptcy options. Multiple factors are considered to determine if filing bankruptcy for debts amounting to $10,000 is recommended. You may also use that opportunity to discuss bankruptcy alternatives with an attorney.

Timothy Denison agrees with this answer

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: As per California law, if you have $10,000 in credit card debt and are considering filing for Chapter 7 bankruptcy, there are certain steps you will need to take.

First, you will need to gather all of your financial documents, including bank statements, tax returns, and credit card statements. This will help you to determine whether you meet the eligibility requirements for Chapter 7 bankruptcy.

Under California law, to qualify for Chapter 7 bankruptcy, you must pass the "means test," which compares your income to the median income for your household size in California. If your income is below the median income, you may be eligible to file for Chapter 7 bankruptcy.

If you meet the eligibility requirements for Chapter 7 bankruptcy, you will need to complete a petition and other required bankruptcy forms. These forms will ask for detailed information about your income, debts, assets, and expenses.

Once you have completed the bankruptcy forms, you will need to file them with the bankruptcy court in your jurisdiction, along with a filing fee. After you file your bankruptcy forms, an automatic stay will go into effect, which will stop any collection actions against you, including lawsuits, wage garnishments, and phone calls from creditors.

You will then need to attend a meeting of creditors, where you will be asked questions under oath about your financial situation. After the meeting of creditors, you will need to complete a debtor education course before your debts can be discharged.

If your Chapter 7 bankruptcy is approved, your eligible debts, including your credit card debt, will be discharged, meaning you will no longer be responsible for paying them.

It is important to note that filing for Chapter 7 bankruptcy can have significant long-term consequences, including damage to your credit score and the loss of some of your assets. It is recommended that you consult with a licensed bankruptcy attorney who is familiar with California law to determine whether Chapter 7 bankruptcy is the right option for your specific situation.

Timothy Denison agrees with this answer

Aaron Michael Lloyd
Aaron Michael Lloyd
Answered
  • Bankruptcy Lawyer
  • San Bernardino, CA
  • Licensed in California

A: Hello, I would suggest to contact a bankruptcy lawyer to help you with the filing of a bankruptcy case. An experienced bankruptcy lawyer can review your financial circumstances and assist you with the filing of the bankruptcy case.

Thank you,

Aaron

Timothy Denison agrees with this answer

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I suggest you consult with a bankruptcy attorney in order to completely understand your bankruptcy and possible non-bankruptcy options. Many of us offer a half hour no charge consultation which will likely provide you a good overall discussion of your options. If you decide to proceed with bankruptcy, I urge you to seek assistance from a bankruptcy attorney to ensure that your case is successful. Good luck.

Timothy Denison agrees with this answer

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