How long does it take to declare bankruptcy in California? Can it be done by yourself & the very first step?

Jun 6th, 2011

Question by Silver Cyborg: How long does it take to declare bankruptcy in California? Can it be done by yourself & the very first step?
Curious, how long will it take from start to finish for a bankruptcy in California?
Can it be done without an attorney (So done just by ones self) ?
And what is the first step to getting a bankruptcy, very interested thanks.

Best answer:

Answer by flika
The average time involved is about 3 to 6 months, but can be longer depending on whether you are filing Chapter 7, Chapter 13, etc. But one thing is for sure, it is not wise to proceed with any bankruptcy without the assistance of an attorney.

Give your answer to this question below!

  1. zzone
    Jun 6th, 2011 at 08:56
    Quote | #1

    Better to have a attorney, but…it can be done with out one. Only thing is a attorney will know exactly what you can and can not use as part of the bankrupts. Better to be safe than sorry , later.

  2. juliaallison41
    Jun 6th, 2011 at 09:46
    Quote | #2

    As soon as you get back fromVegas.

  3. Ruth S
    Jun 6th, 2011 at 09:52
    Quote | #3

    From experience, especially if you don’t have a lot of money!! Why would you file for bankruptcy if you could afford an attorney! Right!?
    You CAN do it yourself or go through a legal aid person, there are a lot of them in the telephone book. It cost me less than $ 300 and didn’t have the hassle of contacting the court and all the paperwork.To do it yourself -
    First thing you need to do is, get ALL your debts together, house, cars doctor’s bills, department stores, credit cards etc. You will need ALL these creditors names and addresses, as they have to be notified. If you are filing for Chapter 7, you are going to have to make up your mind what you want to keep and what you want to let go – such as your house and car/boat or whatever. You reaffirm these when you go to court. To do all this, you must make sure you have the right number of copies to send to the court and the creditors. When I got to this point, I opted to pay the money, and let him do all the walking “through the yellow pages” so to speak!! Believe me, it gets tricky if you don’t do it right!
    I gave the guy all the information, which was at the end of December. I got my first notice from the court in January. March I went to court, and April I got aletter from the court telling me my debts were dismissed. In other words, it was a DONE DEAL!!!
    If you think you can do it yourself, I am sure you can go to any bookstore, and they will have reference books on how to do it yourself! I hope I have answered your question! Merry Christmas!

  4. gomanyes
    Jun 6th, 2011 at 10:38
    Quote | #4

    You do not necessarily need an attorney to file the bankruptcy. However, I STRONGLY recommend you consult with a financial planner to make sure that bankruptcy is in your best interest. There are several negative consequences of bankruptcy, some of which will stick around for a long time. Just because you feel like you have gone bankrupt doesn’t mean that you must file for bankruptcy.

    But once you decide to do it, go online to the US bankruptcy court for your district and download the automatic stay application.

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