If
you
are
trapped
in a
cycle
of
debt
and
do
not
know
how
to
get
out,
do
not
let
intimidation
and
harassment
from
creditors
stop
you
from
learning
how
to
make
a
fresh
start.
Discharge
in
the
bankruptcy
sense
refers
to
clearing
the
debtor’s
late
of
all,
or
most,
past
debts.
Although
many
people
expect
that
filing
for
bankruptcy
will
wipe
out
all
of
their
debts,
that
is
not
always
the
case.
Bankruptcy
only
discharges
certain
debts.
The
availability
of
discharge
depends
on
the
type
of
bankruptcy
proceeding
involved,
who
the
debtor
is
and
what
type
of
debts
the
debtor
has.
An
experienced
bankruptcy
attorney
can
advise
clients
abut
which
debts
will
be
discharged
by a
Chapter
7
bankruptcy
and
which
debts
will
remain.
A large part of the service that we provide our clients is education. We believe that knowledge is crucial to your ability to make decisions that will give you peace of mind.
Great
Service
Our
friendly
staff
answers
the
phones
five
days
a
week
and
every
client
receives
the
personal
attention
he/she
deserves.
California
Bankruptcy
FAQ’s
Most
of
these
Frequently
Asked
Questions
(FAQ's)
are
general
to
bankruptcy
across
the
country.
Some
of
the
answers
will
be
specific
to
California
bankruptcy
laws.
You
should
always
consult
with
a
lawyer
in
your
area
to
properly
assess
your
personal
situation:
Q:
What
is
the
automatic
stay?
A:
This
is
an
injunction
that
goes
into
effect
automatically
upon
the
filing
of a
bankruptcy.
It
strictly
prohibits
the
commencement
or
continuation
of
any
acts
to
collect
on a
debt
that
arose
prior
to
filing
the
bankruptcy.
This
includes
enforcement
of
judgments,
creating
or
perfecting
liens,
and
many
other
actions.
(It
does
not
apply
to
collecting
alimony
maintenance
and
support).
Q:
Does
the
automatic
stay
always
apply
when
a
bankruptcy
case
is
filed,
and
if
so,
for
how
long?
A:
Generally,
the
automatic
stay
goes
into
effect
immediately
upon
filing
your
case
and
against
acts
taken
towards
you
personally
until
you
receive
your
discharge.
Stays
against
actions
towards
property
you
own
may
last
longer
or
shorter
depending
on
what
happens
to
that
property
during
your
case
(e.g.
it
is
sold
by
the
Trustee
or
not,
etc.).
Note:
For
cases
filed
on
or
after
October
17,
2005,
there
are
several
limits
to
the
length
of
the
automatic
stay:
1.
If
you
had
a
prior
bankruptcy
case
dismissed
under
any
chapter
within
one
year
prior
to
the
filing
of
your
present
case,
the
automatic
stay
will
terminate
30
days
after
your
new
case
is
filed,
unless
you
obtain
a
court
order
extending
it,
for
cause
and
a
showing
of
good
faith
as
to
why
the
prior
case
was
dismissed.
2.
If
you
had
more
than
one
prior
bankruptcy
case
dismissed
under
any
chapter
within
one
year
prior
to
the
filing
of
your
present
case,
the
automatic
stay
does
not
go
into
effect
at
all
unless
and
until
the
court
orders
it
into
effect,
after
a
noticed
hearing.
There
are
other
new
limitations
on
the
automatic
stay,
but
you
should
check
with
your
attorney
as
to
whether
they
will
affect
you.
Q:
Is
it
too
late
to
file
bankruptcy
if
I'm
being
sued
or
already
have
a
judgment
against
me?
A:
No.
It's
almost
never
too
late
to
file
bankruptcy.
Assuming
that
it
is a
dischargeable
debt
(meaning
one
that
isn't
incurred
through
fraud,
or a
domestic
support
obligation,
or
one
of
the
others
Congress
has
excluded
from
discharge),
you
can
still
get
rid
of
the
debt
even
if a
creditor
has
filed
a
lawsuit
against
you
and
gotten
a
judgment.
You
can
even
get
rid
of
the
debt
if
they
have
a
lien
against
your
property
(although
the
lien
will
remain
against
the
property
unless
you
are
able
to
remove
it
during
the
bankruptcy
proceeding--see
below).
Q:
Where
Does
My
Case
Get
Filed?
A:
Your
case
is
filed
in
the
District
where
you
have
resided
or
have
your
domicile
(or
for
a
business,
its
principal
place
of
business)
for
the
greater
part
of
the
180
day
period
prior
to
the
date
your
case
is
filed.
Q:
What
does
it
mean
to
bankrupt
or
discharge
a
debt?
A:
Many
people
refer
to
getting
rid
of
their
debts
in
bankruptcy
as
"bankrupting"
the
debt.
They
often
ask
"can
I
bankrupt
this
debt?"
That
is
incorrect
terminology.
The
legal
term
for
this
is
"discharge".
What
happens
in
bankruptcy
(assuming
you
are
successful)
is
that
your
legal
obligation
to
pay
on
your
debt
will
be
discharged.
Debts
are
never
technically
eliminated.
They
still
exist
after
a
bankruptcy,
but
you
no
longer
have
the
legal
obligation
to
pay
on
the
ones
that
are
discharged
(or,
bankrupted
if
you
prefer).
Q:
What
are
exemptions?
A:
Exemptions
are
protected
allowances
for
the
value
in
certain
assets.
For
example,
a
homestead
exemption
protects
the
equity
you
have
in
your
home,
up
to a
certain
value.
All
States
have
different
exemption
laws
which
protect
the
value
in
certain
assets.
You
need
to
check
with
a
qualified
bankruptcy
attorney
regarding
what
exemptions
you
are
entitled
to
when
you
file
your
case.
Which
State's
laws
you
use
depends
on
where
your
domicile
was
located
for
the
2
years
prior
to
commencing
your
bankruptcy
case
(more
on
exemptions).
Q:
Can
I
pick
and
choose
who
to
list
in
my
bankruptcy
case?
A:
Absolutely
not.
I
don't
know
where
people
get
this
idea.
You
must
list
all
your
assets
and
all
your
debts
in
ANY
chapter
of
bankruptcy.
You
may
voluntarily
repay
anybody
you
want
after
your
case
is
concluded
(and
you
are
required
to
repay
any
debts
that
are
not
discharged),
but
you
are
still
required
to
list
all
your
creditors.
Q:
Can
I
transfer
assets
out
of
my
name
into
someone
else's
before
filing
bankruptcy?
A:
Not
unless
they
are
sold
for
"reasonably
equivalent
value".
Otherwise
it
can
be
recovered
as a
Fraudulent
Transfer.
Q:
Can
you
be
fired
or
denied
employment
because
of a
bankruptcy?
A:
No.
While
an
employer
can
usually
find
some
reason
to
fire
anyone,
they
cannot
use
bankruptcy
as a
basis
for
doing
so.
This
is
set
forth
in
Section
525
of
the
Bankruptcy
Code.
