Legal Question in Bankruptcy in California

Bankruptcy

We are filing bankruptcy without an attorney. We live in California and are filing jointly. To give you alittle more insight, We are a family of 6, my husband has income from wages, I'm permenantly disabled and receiving Social Security, and I also receive child support for 3 of my children. Your help with a few questions is much appreciated.

1. When claiming personal property, how do we claim items like childrens clothing, toys?

2. On schedule B, when reporting security deposit on our rental home ($3000) is there an exemption other than the wildcard that can be used on Schedule C?

3. My husband has a wage garnishment from a judgement lein. Because we have already filed ''emergency'' bankruptcy and the stay is in place, do we still need to eliminate this lien? Also, when claiming this, do we claim it as a secured debt?

4. We have one vehicle that is secured. (we purchased a truch, with a large downpayment and have equity) When claiming this, On schedule B, this is where we put how much it is worth? Then on Schedule D, how do we compute the value? is this for what is still owed, or is this what it is worth?


Asked on 8/11/08, 2:59 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Bankruptcy

In order to intelligently answer these questions I would have to review your entire bankruptcy petition, your last 6 months paystubs and your expenses. I would love to spend the time telling you how to do your petition yourself, but be advised that it will cost you more money this way than if I just do it for you.

Bankruptcy Law is one of the most complex areas of law there is. Even licensed attorneys require assistance from someone with experience before tackling their first few bankruptcies.

From the nature of your questions, it sounds like doing a bankruptcy is beyond your level of expertise. You very well could put yourself in a worse position than you already are by trying to do this extraordinarily complex process yourself. I have had numerous clients come to me after preparing their own bankruptcy petition, and the results were often not good. Some of these clients lost their home, their business, their cars, and their bank accounts.

If there is any way possible you can save up to hire an attorney, I would strongly recommend you do so.

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Answered on 8/11/08, 3:49 pm


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