How do you file Bankruptcy in San Diego? Bankruptcy begins with the filing of a petition with the bankruptcy court in the area where you live. So if you live in San Diego, California, your bankruptcy case will be part of the San Diego bankruptcy court system (for the Southern District of California) and your case will be handled out of the bankruptcy court located in San Diego.
Choosing an experienced bankruptcy attorney in San Diego will help your case run smoothly through the court system. The Bankruptcy Law Center serves clients in San Diego and has filed thousands of bankruptcy petitions. Your lawyer will take care of the details and will help you plan and execute a successful case, prompting you for all the proper information and counseling you on all the key decisions.
Besides a bankruptcy petition, you must also file with the court a number of other documents that include a schedule of assets and liabilities, a schedule of current income and expenditures, a statement of financial affairs, and a schedule of executory contracts and unexpired leases. Individuals must also state on a form whether they intend to keep property that is subject to continuing contracts or leases.
You will also need to give the trustee assigned to your case a copy of the tax return or transcripts for the most recent tax year. In addition, you will have to provide copies of any tax returns that you file during the case and any returns for prior years that hadn’t been filed when your case was first filed with the bankruptcy court.
As an individual debtor (assuming you have primarily consumer debts) you will have additional documents to prepare and file. For example, you must file a certificate of credit counseling, evidence of payment from employers received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and records that relate to any qualified education or tuition accounts you may have. Luckily, joint petitions may be filed by married couples; but even if filing jointly, spouses are stuck with all the document filing requirements of individual debtors.
There is a court “filing fee” charged by the bankruptcy court for each case and the amount changes over time. This filing fee is paid to the court and does not include any lawyer fees that you pay directly to your bankruptcy attorney in San Diego. Of course, if a joint petition is filed, only one filing fee must be paid.
Start the process by consulting with an expert bankruptcy lawyer who understands how to resolve debt issues in San Diego, California. A Bankruptcy Law Center attorney will meet with you for free, analyze your financial situation and explain your options.