California bankruptcy laws were affected by the 2005 Bankruptcy Act, this mea that anyone filing a
The 2005 Bankruptcy laws also affect California bankruptcy because it requires that every individual who files bankruptcy have their income and expe es evaluated. This proce will determine if the individual seeking a California bankruptcy can a ly for a Chapter 7 or a Chapter 13 bankruptcy.
To do the evaluation, the courts will take legal documentation of your income for the past six months. They will take your earnings and compare it with the median income in the state of California. If your income falls below California's median income, then you can file a Chapter 7 bankruptcy. If your income exceeds California's median income, then other factors will go into deciding if you can claim a Chapter 7 bankruptcy. However, most individuals whose income exceeds California's median income bracket will generally only qualify to file a Chapter 13 bankruptcy.
To begin the California bankruptcy proce , you should have records of your income, finances, and debts for the past two years, a list of your living expe es, a list of all your debts and property. When preparing your paperwork, you should gather all of your property titles including real estate and vehicles, past tax records and any documents that a ly to any loa or credit card debts that are outstanding.
Next, you should either hire a bankruptcy attorney to help you through the California bankruptcy proce , or obtain the legal forms you will need in California to file bankruptcy. These forms are called "schedules" and they will guide you through the documentation proce of filing a bankruptcy. Once you (or an attorney you have employed to represent you) file the paperwork with the court, creditors can no longer contact you about your debts.