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"Filing Bankruptcy California" Discussion

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Professional Q&As for "Filing Bankruptcy California"

Upsolve Community Member
2021-11-29

Is this right...I can't file for 6 months...? Take Credit Counseling You’ll have to complete credit counseling in the 6 months before filing your bankruptcy case. Federal law requires it, no matter what type of bankruptcy someone files. Make sure to sign up for this course with one of the providers approved for California bankruptcy cases.

2 Reactions

Community Replies:

Upsolve Community Member
Ah, glad you asked! Not quite... the course has to be taken within six months of filing

Upsolve Community Member
You can't take the course more than 180 days before filing.

Upsolve Community Member
Check this out, too, if it's helpful! https://upsolve.org/learn/bankruptcy-counseling-courses/ 

Upsolve Community Member
No need to wait to file- just make sure you don't wait longer than 6 months. That's when the certificate expires. 

Upsolve Community Member
I qualified for the wavier, I am lost as to what to do next. Take the course first or what?

Upsolve Community Member
Dana, you can follow the steps in your account! Ask away if you get stuck. 

Upsolve Community Member
...and Donald, don't sweat the credit counseling. It's like when you get a ticket and have to go to traffic school. Online these days and, IMO, a breeze. It's not like they are putting you through an accounting course! :-). I used Upsolve's partner (can't remember their name) and the process within the Upsolve "roadmap to breathing again" was seamless. That's one of the things I loved about using the platform. All-inclusive. In fact, I am very familiar with PACER but never used it during my Chapter 7 filing because my Upsolve file always seemed to keep me in tune with dates and reminders etc.  

Upsolve Community Member
2022-01-19

I’m drowning in credit card debt. All from bad choices I’ve made. I’ve barely been keeping up with minimum payments, however they are all in good standing for now. I’m considering a Chapter 7 bankruptcy. I live in California, married, but my credit cards are solely in my name. Even though I’m married, none of our assets are in my name: house, cars, etc. After filing bankruptcy, is there a chance creditors can go after my husbands assets, even though I personally do not own any of them?

Community Replies:

Upsolve Community Member
Hi Vicki! Check out this article from the Upsolve Learning Center: https://upsolve.org/learn/married-will-filing-chapter-7-bankruptcy-affect-spouse/ I hope this helps! :-)

Upsolve Community Member
Certain aspects of a bankruptcy filing do relate to a person's spouse, even if they don't file jointly 

Upsolve Community Member
The thing to learn more about- community debt, community property, and when a spouse's income and expenses have to be listed 

Upsolve Community Member
The article Mark shared is a great place to start! 

Upsolve Community Member
2021-10-11

It has come to my attention that there is a separate filing process to attempt to have student loan debt discharged. Does Upsolve offer any information about how a debtor can pursue this? Thank you

4 Reactions

Community Replies:

Upsolve Community Member
Hi Scott! Thanks for your question. Upsolve does offer free learning resources, which can help you learn more! You can start reading here: https://upsolve.org/learn/bankruptcy-for-student-loans-5/

Upsolve Community Member
This article might also be helpful! https://finance.yahoo.com/news/student-loans-discharged-personal-bankruptcy-162421849.html?guccounter=1

Upsolve Community Member
2021-12-08

Can you guys help me with starting a adversary proceeding filing

3 Reactions

Community Replies:

Upsolve Community Member
This article is a good place to start: https://upsolve.org/learn/upsolve-help-file-adversary-proceeding/

Upsolve Community Member
We don't have software to help with APs, but we do have a lot of education! 

Upsolve Community Member
You may also find this Yahoo Finance article about an Upsolve user inspiring: https://finance.yahoo.com/news/student-loans-discharged-personal-bankruptcy-162421849.html

Upsolve Community Member
Check out https://upsolve.org/learn/slap-ap-timeline/

Upsolve Community Member
2022-01-05

I received my chapter 7 court discharge letter in the mail. Thanks to Upsolve Team for making this possible, its a new beginning for me. Thank you once again guys.

45 Reactions

Community Replies:

Upsolve Community Member
Hi. Did you do it all yourself or hired a lawyer. Thinking about filing chapter 7 and not sure if I should hire a lawyer or do it myself 

Upsolve Community Member
Congratulations Olakunle! The new year is off to a good start! Thanks for sharing your experience with Upsolve. 

Upsolve Community Member
Hi Taneshia, Yes I filed through Upsolve with $300 court fee. Good luck!

Upsolve Community Member
YESSSSSSS!!!!!  Congratulations Olakunie! Fresh Start in 2022!!! wooohooo! :-)

Upsolve Community Member
Congratulations! Happy 2022!! 

Upsolve Community Member
Conrgrats Olakune! Can you please share with us how long the process took? Also, by not hiring an attorney and going this way, during the whole process, does that stop the creditors from calling or filing judgements?

Upsolve Community Member
Congratulations on your discharge!! Woo hoo! After a hard-earned celebratory breather, you might want to do a quick read of Upsolve's tips in the article https://upsolve.org/learn/chapter-7-discharged/ to start reading up on how to rebuild your credit after bankruptcy. Congrats!! We're so happy for you!!

Upsolve Community Member
May 13, 2021 - completed my Chapter 7 Questionnaire with Upsolve June 26, 2021 - Uploaded all required documents ( Bank statements, ID copies) etc. July 14, 2021 - Filed with court in person, Filing fee $338July 2021 - completed my online Financial Management course Aug 27, 2021 - Teleconference meeting with creditors / Trustees Sept 24, 2021 - rescheduled meeting with Creditors / Trustees Oct 29, 2021 - rescheduled meeting with creditors / Trustees Oct 29, 2021 - Report of No Distribution filed by Trustee Nov 29. 2021 - Order discharging debtor signed Nov 29, 2021 - Final decree signed Dec 1, 2021 - Notice date

Upsolve Community Member
Hi Saed H, It's up to you if you wanna use a lawyer or not but in my experience during my research I figured out that using a lawyer will not make any difference except paying thousands of dollars that I can't afford. Remember you're trying to get rid of debts so you don't wanna end up paying someone money you can't afford. Your creditors will stop calling you as soon as your file with the court. Good luck! 

Upsolve Community Member
How many months of bank statements do you have to provide

Upsolve Community Member
Hi Sereathia D it depends on individual circumstances, in my case my trustees requested for 3 months which must cover the last transaction date on my bank statement...I already got a Charge-Off on my accounts since April 2020 so I visited one of the branches to request for Feb - March - April statements which arrived in the mail about 10 business working days later. 


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    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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