How to File Chapter 13 Bankruptcy in California
- 1). Gather all your financial information, including your debts, living expenses, proof of income, information on all leases and mortgages and a list of assets. Understand that California has a series of exemptions, including up to $22,075 for a home and $2,725 for a vehicle.
- 2). File a petition with the bankruptcy court in your local California district. California has three districts in which you can file: the Northern District spans from Del Norte to Monterey County; the Central District includes the counties from San Luis Obispo to Riverside; and Southern District covers San Diego and Imperial counties. The petition form and the location of your local court can be found on the United States Bankruptcy Court District websites in Resources.
- 3). Pay the court the case filing fee and miscellaneous administrative fee upon filing, $235 and $39, respectively. These fees are the same in all three districts of California. The payment may be made in installments if the court grants permission.
- 4). Meet with the impartial trustee the California U.S court assigns to you and the creditors. This is generally 20 to 50 days after filing your Chapter 13 bankruptcy petition. Answer your trustee’s and creditors’ questions regarding the projected terms of repayment to resolve any issues with the plan.
- 5). Begin to make the payments on the repayment plan to the trustee within 30 days, regardless of the approval status.
- 6). Attend the California bankruptcy court’s hearing of your Chapter 13 debt repayment plan, which must be within 45 days of your meeting with the trustee and creditors.
- 7). Act on the repayment plan decision. If approved, begin to make your payments for the next three to five years to the trustee. If not, consider either filing Chapter 7 bankruptcy or filing a revamped repayment plan. Fees to file Chapter 7 or submit a new repayment plan in all three California districts can be found on the United States Bankruptcy Court District websites.