Filing for Chapter 7 Bankruptcy in California

What You Need to Know to be Successful in Your Chapter 7 Case

Silveira Law Offices will work closely with you to gather the proper documents and information needed to prepare your case for filing.  You must provide accurate and complete information in regards to your full financial situation.  You will have a comprehensive session with your attorney to review, sign and file your bankruptcy petition and schedules.  You will have completed the pre-bankruptcy counseling course required to file your case.

Once your case is filed, you will receive copies of all filed paperwork and you must carefully review this paperwork to re-verify all the information in this filed paperwork.  Any mistakes, inaccuracies or needed corrections should be communicated to your attorney immediately so that the proper revisions can be filed.

You will be provided a log/spreadsheet to use in the event you receive any contact from your creditors.  You will let Silveira Law Offices know of any such contact so that proper action can be taken to prevent any further direct contact from your creditors.  The instant your case is filed, an automatic stay is activated, making any contact from creditors illegal.  Your attorney can assess what legal action may need to be taken.

The Chapter 7 Trustee will schedule a Meeting of Creditors.  This is usually scheduled within 4-6 weeks of the filing of your case. The purpose of this meeting is to answer questions from the trustee to verify your identity and your financial circumstances as set forth in the paperwork you have filed.  Your attorney will be in touch to help you prepare for this meeting.  Usually, creditors, do not appear at this meeting.  Currently, they are being conducted by phone or Zoom conference.  This is the only matter which you must attend.  There are no exceptions.

You must also complete a financial management or debtor education course right away.  You will not get your discharge if you have not completed this course.  This is in addition to the pre-bankruptcy counseling certificate obtained before you filed your case.  Most clients find it convenient to go back to the same provider they used for the pre-bankruptcy counseling certificate to complete the required financial management course.

Once you have completed the meeting of creditors, the trustee will issue a report indicating whether you have any assets to sell for creditors.  Usually, this report will say that there are no assets for distribution.  A few weeks after this report is issued, you will receive an Order from the bankruptcy court stating that you have been discharged from the obligation to pay all applicable unsecured debts.