Legal Question in Bankruptcy in California

"Simple" bankruptcy?

I have few possessions of value - 11 y/o car, computer, personal items - and no job (other than motherhood). Ex-husband declared bankruptcy and I ended up with a $7000 debt on a second mortgage on the house he 'got' but which was foreclosed upon and sold at auction. Other debts total perhaps another $7000. Only other asset is a 401(k). I'm voluntarily not working so that I can be available for my special-needs daughter - unemployment and worker's comp benefits are gone - only 'income' is child support (which needs to be raised, but that's another category). All ongoing support comes from my Spousal Alternative, but I can't ask him to pay these big bills.

I need to get out from under this debt - REALLY hate to do it, but feel 'forced' to declare Ch. 7. Given the fairly simple circumstances, do I *really* need an attorney for this? And does anyone know if there's a computer program that will fill out the forms, rather than a do-it-yourself workbook?


Asked on 5/23/98, 1:53 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

"Simple" in bankruptcy cannot be predicted

There is no such thing as a "simple" bankruptcy because the law can be very complicated, particularly when there are issuesof child support (either as the recipient or payor). Get a lawyer - perhaps legal aid canhelp. It's not worth the risk of doing it wrong.

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Answered on 7/15/98, 9:35 pm


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