How to File Chapter 13 in California
Chapter 13 bankruptcy is known as a "wage earner's plan." Individuals who have a job and earn regular income can develop a plan to repay all or part of their debts by filing for bankruptcy under Chapter 13 of the Bankruptcy Code. Chapter 13 allows debtors to save their homes from foreclosure and avoid liquidating their assets to pay off their debt. In California, individuals must file for Chapter 13 bankruptcy in a federal district court. There are four districts in California: the Northern, Southern, Eastern and Central districts.
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Instructions
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Sign up for a credit counseling session with an approved credit counseling agency in California. The U.S. Justice Department keeps a list of approved agencies in each state. Visit their website for a list of agencies near your residence.
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Work with the credit counseling firm to develop a repayment plan that suits your financial situation. Part of the credit counseling session involves learning how to manage your money better and figuring out a plan to make your debt payments.
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Obtain the necessary bankruptcy forms for a Chapter 13 case. Visit the bankruptcy court nearest to your residence or download and print the forms from the U.S. Courts website. The U.S. Court website also provides a checklist containing the names or each form you need. As of 2010, there were 15 different forms.
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Complete each required form. The forms are lengthy but straightforward. You need to provide the court with information about your finances, jobs, assets, income, creditors, debt amounts and monthly expenses.
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File the completed forms in the California bankruptcy court nearest to your residence. In the Northern District, courts are in Eureka, Okland, Salinas, San Francisco, San Jose and Santa Rose. There is one court in the Southern District; it is located in San Diego. Residents in the Eastern District should file in Bakersfield, Fresno, Modesto or Sacramento. In the Central District, find courts in Los Angeles, Riverside, Santa Ana, Santa Barbara and Woodland Hills.
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