FAQ Page

FAQ Page

How can I pay for a lawyer?
In a Chapter 7 case I will let you know what my fee is at your first visit. The fee is determined by how complex your case is. You may make payments on the fee. Once it is paid in full I will file your case. If there are no immediate emergencies, this option will work for you. In a Chapter 13 case I usually only require a portion of my fee and all of the filing fee to be paid in advance. The rest of my fee I put in your Chapter 13 plan. The trustee will pay me when your plan is "confirmed" from the plan payments you made. In a Chapter 13 case in the Central District of California the court has determined a "no look fee." This is fee $4,000.00 for a debtor who has a job and receives regular paychecks. It is $4,500.00 for a debtor who is self employed. An attorney can not charge more than this without the court's permission.

Why do I need a lawyer?
Because mistakes can be costly. No one will point out any of your mistakes to you as your case progresses. Neither the clerks, trustees or the judge can give you legal advice. If you have made an error, most likely you won’t know about it until it is too late to fix it. Moreover, the court can not excuse your failure to do something right just because you chose to represent your self. You will be held to the same standard I am. Congress requires me to tell you that you may file your case without an attorney. This is technically a true statement. Remember your 8th grade grammar? The word “may” means you have permission to do something. The word “can” implies that you have the ability to do it. I “may” change the engine in my car myself, but that does not mean that I “can” do it.

What if I filed bankruptcy before?
Under the new law you may not file a Chapter 7 case until 8 years after the first one. You may however be eligible for Chapter 13.

Do I have to list all of my debts?
Yes. You must list all of your debts including cars, home mortgages and personal loans to friends and family. This does not mean, however, that you will lose your vehicles or home. I can help you by making sure you get the full value of your “exemptions.” Exempt property is what you keep in a bankruptcy case. "Non-exempt" property is what is sold by the trustee in Chapter 7 case. There is a process to "reaffirm" debt on things like vehicles. My staff will take of this for you. A lawyer can also help you in making decisions about whether or not to “reaffirm” certain debts. This is important if you have loans which are secured by the merchandise you bought. These types of accounts are to creditors like Sears, Circuit City, and Levitz to name a few. Vehicle loans are also secured debts. Under the new law it is uncertain if you must reaffirm these types of debts. This is an issue that will need to be litigated to an appellate court to get a definative answer.

What about phone calls after my case is filed?
After I file your case phone calls must stop because an “automatic stay” takes effect. This means that creditors have to stop calling you. In fact all actions to try and collect debts from you must cease. If they don’t, I can do something about it. It is important that you gather up as much information as you can about who is calling. Try to get the name of the collection agency and the name of the business they are trying to collect for.

What should I bring to my first appointment?
The initial office visit is intended to acquaint you with basic information about bankruptcy and to allow me to assess your current financial situation.

     I do not need much to do this. Please bring:

     1. Current pay stub for you and your spouse or domestic partner.

     2. If you are not working I would like to see your unemployment, disability, social security, workman's compensation and/or any other document which indicates your monthly income.

     3. Your last tax return, (and the one before that if possible).

     4. Any family law judgement either awarding you payments or ordering you to make make payments.

     5. Contracts on any vehicles (including boats, trailers, and motorcycles) that you are making payments on.

     6. If your wages are being garnished, I need the wage assignment order. This is the paper your employer gave you.

     7. If you have received a "Notice of Default" or "Notice of Sale" on you home, I need to see it as well. The "Notice of Default" came to you by certified mail. The "Notice of Sale" was posted on your property.

     8. If you own real property, a recent mortgage statement for all loans.

     9. Any papers served on you from the court.


     At the end of your first visit I will give you a "homework" list of additional documents that is tailored to your case.

Will I have to go to court?
You will have to make a least one appearance in front of a trustee. This is called a "341(a) exam." You may have to make a second appearance in front of a judge to reaffirm vehicles and similar items of personal property. Santa Barbara 341(A) appearances are held at 128 East Carrillo St., Santa Barbara, California. The Woodland Hills ones are at 21051 Warner Center Lane #105, Woodland Hills, California. The bankruptcy court in Santa Barbara is located at 1415 State Street, Santa Barbara, California. It serves cases filed in parts of Thousand Oaks, Camarillo, Santa Paula, Fillmore, Ventura, Oxnard and cities further north. It is referred to as the "Northern Division" of the Central District of California. The one in Woodland Hills is located at 21041 Burbank Blvd., Woodland Hills, California. It serves the southern half of Thousand Oaks, Simi Valley, Santa Calarita and the rest of the valley. It is referred to as the "San Fernando Division" of the Central District.