Legal Question in Bankruptcy in California

Bankruptcy Case

Yes I'm getting sued, by SEARS and I was told I need to appear in front of a Judge, and that's fine because I decided that Im going to file for Bankruptcy, but do I need a lawyer?, and If I don't? can I just when I see the judge tell him I want to file for bankruptcy and I just pay the court for filling(the case)(if Im not wrong, you pay like 250 rite?). Also do I have to pay for attorney fees, for SEARS, because the lawyer(for SEARS) said I would be responsible for ''their fees''?


Asked on 3/20/04, 12:49 am

2 Answers from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Bankruptcy Case

Cohen gave the best advice

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Answered on 3/20/04, 5:46 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy Case

You would file the bankruptcy in a federal court -- U.S. Bankruptcy Court for the Northern District of California (in San Francisco, most likely). You're being sued by Sears in state court. Once you file the bankruptcy, the bankruptcy court will send a notice to Sears if you list it as a creditor, and they will notify the state court that you have filed BK. It's often good to have a lawyer to protect property, equity in homes or vehicles, etc. Many people don't use lawyers, though, and they must then act as their own legal counsel. They have no one to blame but themselves if something should go wrong. Good luck!

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Answered on 3/20/04, 6:13 am


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