Legal Question in Bankruptcy in California

Bankruptcy

I have a question about filling bankruptcy. I want to file Chapter 7 so I do not have to pay anything back however I�m unsure who and how much I owe. How do I go about getting that information besides obtaining my credit reports? Also can I include any judgments against me in small claims court as well as money owed to the IRS? Thanks�


Asked on 12/26/07, 2:04 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy

Whoa. A lot of questions!

You can call each creditor to obtain a balance. You must include all debts owed and everything you own. Usually back income taxes are not dischargeable unless they meet certain criteria. Of course, they must be listed.

Please let me know if you need an attorney to assist you.

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Answered on 12/26/07, 3:26 pm
Brian Whitaker Lifeline Legal, LLP

Re: Bankruptcy

Your attorney can probably pull your credit report and download those creditors into his software. Also, in no-asset Chapter 7s, inadvertently omitted creditors are discharged as well; you should attempt to list them all, of course, but there's no point losing sleep worrying about one you might have missed.

And, yes - judgments are dischargeable as long as the underlying debts are dischargeable, whether small claims or not. Income taxes for 2003 and earlier may be dischargeable if you filed those returns on time.

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Answered on 12/26/07, 9:30 pm


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