Call an experienced bankruptcy attorney for a consultation. Most attorneys will offer an initial consultation at little or no charge; and you really shouldn't try it on your own before learning what's involved.
Either hire an attorney which in most situations is the best way to go or you'll need to learn how to do it yourself. There may be books at the library, Nolo's How to File for Bankruptcy comes to mind, but it is not state specific. Local law library will have practitioner guides, I use CEB Personal and Small Business Bankruptcy Practice in California. The local bankruptcy court has forms, local rules, & probably some self help information if you go to their website. I don't know where in California you are so don't know what district is in your jurisdiction. Be careful, there are liquid assets, intangible assets, and assets that can be liquidated. Means testing for chapter, supporting documents to be provided to Trustee, credit counseling courses you must complete. This list is not exhaustive and I cannot answer your question with more detail and specifics because it is simply too broad. Statistically speaking success rates for self represented individuals are not that good.
No, it is not about how you can file for bankruptcy, it is should you file, can you qualify and are there any other choices. You can start by consulting a local bankruptcy attorney or get pre-bankruptcy credit counseling for an objective view of your financial circumstances.
You should consult an experienced bankruptcy lawyer like myself and find out what your options are and what the pros and cons are about bankruptcy in your situation.
Your general question suggests you are a candidate for Chapter 7 bankruptcy. Deciding to file requires that you analyze the details of your financial situation and determine the benefits and costs of bankruptcy. Yes, you can have debts discharged but there may be costs.? It is not just "liquid assets" which may be taken from you by the trustee. You may have equity in an auto, household furniture, business equipment, or other property which should be included in your decision, which is one reason why filers are required to take an introductory course before and after filing in the personal effects of bankruptcy. Once you decide to file, consult an attorney or someone who can assist you in completing the basic petition and related schedules go avoid issues and amendments which require more time and costs.
You need to get together your last 4 years of tax returns, 6 months of pay stubs, and any bills you can find. Then call an experienced bankruptcy attorney. Most offer free appointments. Then you can review your whole situation and see if you qualify for bankruptcy.
Speak with a Bankruptcy attorney in your area: Here is information on Bankruptcy: All Bankruptcies are governed by Title 11 of the United States Code. There are several different types of bankruptcies. There is Chapter 7, 9, 11, 12 and 13. Below we will deal with Chapters 7 and 13, which are the two most commons types. To obtain relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Subject to the "means test" described below for individual debtors, chapter 7 may be used no matter the amount of the debts. An individual cannot file under chapter 7 or any other chapter, if during the preceding 180 days: a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. In addition, all individuals, no matter under what chapter a person is filing, are required to obtain a "Credit Counseling Certificate" within 180 days before filing from an approved credit counseling agency either in an individual or group briefing. The "Means test" is one of the determining factors as to whether a person can file for a chapter 7 or a chapter 13. If the debtor's "current monthly income" is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is abusive. Abuse is presumed if the debtor's aggregate current monthly income over 5 years, minus certain allowed expenses, is more than (i) $11,725, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $7,025. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor's consent) or will be dismissed. Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. They must still make all mortgage payments that come due during the chapter 13 case timely. Another advantage of chapter 13 is that it allows individuals to spread out payments of certain debts and extend them over the life of the chapter 13 plan. A chapter 13 plan is a minimum of 36 months and a maximum of sixty months. Doing this may lower the payments. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection. One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 and chapter 13 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not remove a lien on the actual property just the personal liability.
You can try it yourself, getting the forms online or from a office supply store, ie. Office Depot, you can hire a paralegal and they can't charge you more than $200 or you can hire an attorney. I would stay away from the attorneys that advertise on T.V. as they either will charge you more once you are in the office or just don't give you the service that you pay for. My feeling is that since you don't know how to do it, you should hire someone. I charge $1750 for a Chapter 7 and that includes most everything. If you get sued in the bankruptcy, that would be an extra fee. That only happens if you try to get away with something, such as maxing out the credit cards right before you file or trying to hide assets.
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