Legal Question in Bankruptcy in California

I have a clean case for ch 7 bankruptcy as I'm on SSI & can't afford to continue to pay the ccard debt incurred while married. (I'm divorcing) My spouse walked away from all our debts...

I haven't filed since I've been crazy busy trying to find a new place to live & am now in the middle of moving & downsizing. My landlord is evicting me ( not for non payment of rent - they are tearing my rental house down).

I received a notice of a )1st or preliminary) hearing TOMORROW for 1 legal firm representing 2 ccard creditors I owe. I am unprepared to go to court as I've done nothing towards filing Ch 7 bankruptcy.

I Had intended to have filed by now.

Can I still file and include these debts in my bankruptcy or am I %&@#% ????

I could file Next week soonest. I Had planned to do so without an atty as I'm on such low income...

Help! Please. Thanks!


Asked on 5/21/14, 11:01 pm

2 Answers from Attorneys
Charles Andersen Charles Andersen, Atty

You have to include everything!

http://www.syracuseattorney.org

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Answered on 5/22/14, 6:33 am
Nancy Delain Delain Law Office, PLLC

Don't file a Chapter 7 petition without a lawyer.

Every state in the union has services available to people who cannot afford legal help, and the lawyers who man those services are some of the best in the business. It is NOT charity to apply for those services; the lawyers on staff are paid through the skimming (by the state) of the interest on attorneys' client escrow accounts, and the lawyers who volunteer can afford to do so and get kudos and all kinds of perks from the system for taking on unpaid cases just like yours.

Contact your county bar association to ask about how to access these services.

You're not @#$� by the "summons." We file for bankruptcy protection after money judgments come down all the time. It's an easy motion to make.

Good luck!

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 5/22/14, 7:46 am


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