Can I file bankruptcy without a lawyer in California?

Yes, you can file pro se (without a lawyer), but it's risky. Bankruptcy law is complex, with strict deadlines and forms. Mistakes can result in case dismissal, loss of property, or denial of discharge. Studies show pro se filers have significantly lower success rates, especially in Chapter 13 cases.

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 is liquidation bankruptcy - a trustee may sell non-exempt assets to pay creditors, and remaining qualifying debts are discharged. Chapter 13 is reorganization - you keep assets but pay debts through a 3-5 year repayment plan. Your income, assets, and goals determine which chapter is appropriate.

How much does bankruptcy cost in California?

Court filing fees are $338 for Chapter 7 and $313 for Chapter 13. Attorney fees typically range from $1,000-$2,500 for Chapter 7 and $3,000-$6,000 for Chapter 13. You may qualify for fee waivers if income is below 150% of poverty level. Credit counseling courses cost about $50.

What property can I keep in California bankruptcy?

California offers two sets of exemptions (System 1 and System 2). System 1 includes unlimited homestead exemption (with conditions), $3,525 per vehicle, and various personal property exemptions. System 2 includes a $31,950 wildcard exemption. You must choose one system for all your property.

Do I Need a Lawyer for Bankruptcy?

Answer a few questions to get personalized guidance for your California bankruptcy case

What type of bankruptcy are you considering?

Different chapters have different complexity levels

Chapter 7 (liquidation/fresh start)

Chapter 13 (repayment plan)

Not sure which chapter is right for me

Chapter 11 or business bankruptcy

What is your current income situation?

Income affects Chapter 7 eligibility and Chapter 13 plan payments

Below California median income for my household size

Around the median income level

Above median income

Self-employed or irregular income

What assets do you have?

Asset protection through exemptions requires careful planning

Minimal assets - no significant property or equity

Some assets - modest home equity, one vehicle

Significant assets - substantial home equity, multiple vehicles, savings

Complex assets - rental property, business interests, retirement accounts

What types of debt do you have?

Some debts can't be discharged in bankruptcy

Mostly credit cards and medical bills

Mix of credit cards, personal loans, and some secured debt

Significant student loans, taxes, or child support arrears

Business debts, lawsuits, or fraud allegations

Have you been contacted by creditors or faced legal action?

Active collection can complicate your case

Just collection calls and letters

Threatened with lawsuit

Being sued or have a judgment against me

Facing wage garnishment, bank levy, or foreclosure

Have you filed bankruptcy before?

Prior bankruptcies affect eligibility and waiting periods

No, this would be my first bankruptcy

Yes, more than 8 years ago

Yes, within the last 8 years

Yes, and the case was dismissed

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You Should Hire a Bankruptcy Lawyer

Your situation has complexities that strongly benefit from professional legal representation.

Why legal help is critical:

Bankruptcy mistakes can cost you assets or discharge denial
Complex assets require strategic exemption planning
Chapter 13 plans are very difficult to navigate alone
Active lawsuits or garnishments require immediate action
Prior bankruptcies create special rules and restrictions
Consider consulting with a bankruptcy attorney

Book $125 Consultation Find a Bankruptcy Attorney CA Bar Lawyer Referral

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Legal Consultation Recommended

Your situation has moderate complexity. A consultation can help you understand your options and whether you need full representation.

Options to consider:

Consultation with a bankruptcy attorney
Nonprofit credit counseling (required before filing anyway)
Low-cost legal aid if you qualify
Document preparation services (limited help only)
At minimum, have a lawyer review before filing

Book $125 Consultation Get Consultation Approved Credit Counselors

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You May Be Able to File Without a Lawyer

A straightforward Chapter 7 with minimal assets and simple debts may be suitable for self-representation, though consultation is still recommended.

If you proceed pro se:

Complete required credit counseling before filing
Use official bankruptcy forms (over 20 pages)
Carefully research California exemptions
Gather all financial documents (6 months pay stubs, tax returns)
Consider a consultation anyway to confirm
Know that pro se Chapter 7 success rates are lower

US Courts Bankruptcy Basics Get Consultation Anyway

Understanding Bankruptcy in California

Bankruptcy is a federal process under Title 11 of the United States Code that provides debt relief and a fresh start. California has unique exemption laws that determine what property you can keep. Most individuals file either Chapter 7 or Chapter 13 bankruptcy.

Chapter 7 vs. Chapter 13

Factor	Chapter 7	Chapter 13
Process	Liquidation - trustee may sell non-exempt assets	Reorganization - repay debts over 3-5 years
Duration	3-4 months typically	3-5 years of payments
Income Requirement	Must pass means test (below median or expenses)	Regular income required
Property	May lose non-exempt property	Keep all property
Mortgage Arrears	Cannot cure - may lose home	Can catch up over plan period
Cost	$338 filing fee + attorney	$313 filing fee + attorney

California Bankruptcy Exemptions

California offers two exemption systems. You must choose one system for all your property:

Property Type	System 1 (CCP 704)	System 2 (CCP 703)
Homestead	$300,000-$600,000 (varies)	$31,950
Vehicle	$3,525	$6,375
Wildcard	None	$1,700 + unused homestead
Best For	Significant home equity	Renters or little home equity

DIY vs. Hiring a Lawyer

Factor	DIY Possible	Lawyer Recommended
Chapter	Simple Chapter 7	Chapter 13 (very complex)
Income	Clearly below median	Above median (means test issues)
Assets	Minimal, easily exempt	Significant or complex assets
Debts	Credit cards, medical bills	Student loans, taxes, business debts
Collection	No active lawsuits	Garnishments, foreclosure, lawsuits

Bankruptcy Process Timeline

Credit counseling - Required within 180 days before filing
File petition and forms - Automatic stay begins
341 Meeting of Creditors - About 30 days after filing
Debtor education course - Required before discharge
Chapter 7 discharge - About 60 days after 341 meeting
Chapter 13 - Plan confirmation, then 3-5 years of payments

Debts That Cannot Be Discharged

Most student loans (unless undue hardship proven)
Child support and alimony
Most tax debts (some older taxes may be dischargeable)
Debts from fraud or intentional harm
Criminal fines and restitution
Debts from DUI accidents

California Median Income (2024)

Household Size	Annual Median Income
1 person	$66,529
2 people	$85,942
3 people	$99,037
4 people	$116,648

Note: Above-median income doesn't automatically disqualify you from Chapter 7 - the means test also considers expenses.

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