How Do I File for Chapter 13 Bankruptcy in Sacramento, California?
Filing for bankruptcy is often an intimidating and complex process. However, bankruptcy is one of the most effective means of dealing with debt and achieving a fresh financial start. While bankruptcy is not the solution in all situations, it is a flexible tool that is appropriate for many debt situations.
Chapter 13 may be particularly attractive to certain individuals because Chapter 13 can allow you to keep virtually all of your property and assets. Likewise, Chapter 13 bankruptcy is often a tool that can stop foreclosures and protect a family home. However, while certain relief – like the automatic stay, is immediate but temporary, permanent relief is contingent on your ability to confirm a valid Chapter 13 plan. Working with an experienced bankruptcy lawyer such as the attorneys of The Bankruptcy Group can increase the likelihood that your filing will be successful. To schedule a free and confidential consultation at our Folsom or Roseville law offices, call us at 1-800-920-5351 or contact us online today.
Sacramento, Folsom, and Roseville Bankruptcies Are Filed in California Eastern District Bankruptcy Court
There is a state law component to all bankruptcy matters, but the actual bankruptcy proceeding is filed and handled in federal court. The first step to filing a Chapter 13 bankruptcy petition is to understand the court where the filing must occur. For Californians living in Sacramento, Folsom, Roseville, and throughout Placer and Sacramento Counties a bankruptcy petition is properly filed in the Eastern District of California. There are three divisions that make up the Eastern District of California, so it is imperative that the petition is filed in the Sacramento Division of the district. The Sacramento Division is located in the Robert T. Matsui United States Courthouse at:
501 I Street, Suite 3-200
Sacramento, California 95814
Familiarize Yourself with Local Eastern District of California Court Rules
It is essential to determine in which court your filing is properly done, because filings are often subject to local rules announced by the bankruptcy court. For instance, the Eastern District of California requires Chapter 13 bankruptcy filers to utilize the official bankruptcy forms. While the courts have prepared bankruptcy forms packages, not all forms are relevant to all matters. Forms contained in the package that may be required for or relevant to a Chapter 13 bankruptcy filing may include:
- Form 101: Voluntary Petition for Individuals Filing for Bankruptcy
- Form 106D (Schedule D): Creditors Who Have Claims Secured by Property
- Form 106E/F (Schedule E/F): Creditors Who Have Unsecured Claims
- Form 122C-1: Chapter 13 Statement of Your Current Monthly Income and Calculation of
- Commitment Period
- Form 122C-2: Chapter 13 Calculation of Your Disposable Income
- Form EDC 3-080: Chapter 13 Plan
In total, the form packet is more than 107 pages and it is supplemented by more than 40 pages of instructions. These forms must be completed accurately and you must include all requested information, including your income, assets, and liabilities. If the court believes that you failed to include any of these items so that you could commit bankruptcy fraud, it may deny a bankruptcy discharge.
File Your Chapter 13 Bankruptcy Petition and Engage in the Process
Once you have prepared the filings, you should file them with the appropriate court. Shortly thereafter, often about a month, you should expect to receive a notice regarding a creditor’s conference. Your plan may be challenged by creditors or they may seek additional information about your bankruptcy plan. A plan confirmation hearing will follow where a bankruptcy judge decides whether your plan is feasible. If your plan is not confirmed, you will be required to make amendments to it. If your plan is not confirmed after multiple attempts, it is possible that the court will convert your petition to Chapter 7 or dismiss it entirely.
Once your plan is confirmed, you will need to ensure that you follow all aspects of it. This typically means that you will make timely payments to the bankruptcy trustee for the plan’s three-to-five-year duration. If you complete your Chapter 13 bankruptcy plan, a bankruptcy discharge is granted. This discharge will eliminate the nonpriority, which is the unsecured debt that remains at the end of the plan. For many taxpayers, this could represent significant savings.
Work with a Meticulous Sacramento Bankruptcy Lawyer
At The Bankruptcy Group, our bankruptcy attorneys understand that a single mistake or oversight can introduce significant complications to a bankruptcy. In some cases, it may even prevent all or partial relief from being granted. Our lawyers approach all matters meticulously and will endeavor to ensure that all filings are comprehensive and accurate. To discuss how we may be able to assist you with a Chapter 13 or another bankruptcy filing, call The Bankruptcy Group at 1-800-920-5351.