Legal Question in Bankruptcy in California

Re: File Bankruptcy

I don't mean to be rude, but please call a bankruptcy attorney. Bankruptcy has become extremely complex since the 2005 changes in the Code, and filing without an attorney is very very difficult. Its not something you want to take on unless you are very competent in researching, understanding and applying the law that applies in this area. There is, in some instances, criminal liability that can attach to ommissions you might make if you don't fully understand or comply with the Code.

*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.

Re: File Bankruptcy

Gather your credit card bills, your medical bills, car loan papers, home loan papers. Also gather your 2007 tax return and pay stubs for the past six months. Bring them to a bankruptcy lawyer in your area and discuss your situation. Then you can make an informed decision as to what chapter bankruptcy to file, if any, whether the lawyer is the right person to handle your matter, etc.

Re: File Bankruptcy

The first step is to have an attorney determine whether you meet the requirements of a law called "the means test." Once this determination is made, then the attorney can tell what chapter of bankruptcy to file, or whether to file at all. Note that many attorney will do a means test for you for free. In order to do a means test, an attorney will need to know you and your spouse's gross income the last 6 months, how much you are paying for your mortgage, and how much your other living expense are estimated to be.