Legal Question in Bankruptcy in California

Drowning in debt

I am drowning in debt, my car was just repossessed, I have close to 20k in credit card debt and who knows what else. I tried to file for bankruptcy a few years ago but I had a good job back then and the lawyer said that I made too much money to file. Due to the economy I have not worked in 2 years and now have a child. Can I file a BK now? It is not likely that I will be able to find a job since my business is mortgage.I have also heard that these debts will be off my credit in 7 years, so is it even a good idea to file when its been 3-4 years since I was last able to pay???


Asked on 5/01/09, 2:52 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Drowning in debt

From what you state, it sounds like a bankruptcy might be one solution to get out from under. Feel free to contact me or any other BK attorney for assistance.

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Answered on 5/01/09, 2:55 pm

Re: Drowning in debt

While I can't tell you if you can file for BK without looking at your financials, it sounds like you would qualify for a Ch. 7. Even if you don't, you may still be able to file for Ch. 13, which would also eliminate most if not all your unsecured debt. You should speak with an attorney.

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Answered on 5/01/09, 3:23 pm
David Gibbs The Gibbs Law Firm, APC

Re: Drowning in debt

You sound as though you could be a candidate for bankruptcy, but if you haven't paid these creditors in 3-4 years, you may not need to file. I would suggest you contact a local bankruptcy attorney - if you are in Southern Orange County or North San Diego County, I'd be more than happy to meet with you - to review your options. Yes, it sounds like it might be an option, but you may have others at this point as well.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/01/09, 3:39 pm


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