Bankruptcy in California

Bankruptcy in California Filing for bankruptcy in California follows Chapters 7, 11 and 13 of the California bankruptcy law. These legal provisions apply to individual and corporate bankruptcy, liquidation, insolvency, reorganizations, and debt consolidation, among others. Aside from these specific items, California bankruptcy law are also applicable to credit after bankruptcy, re-establishing credit, credit card debt, foreclosures, repossessions, and garnishments, taxes and bankruptcy.

You will also find specific rules on discharge of personal debts as well as corporate asset liquidation and reorganization.

In every bankruptcy proceeding as dictated by federal law, the debtor goes through a liquidation of assets or reorganization under the supervision of the court. This will tend to be beneficial for the creditors or those whom the debtor owes money from. The debtor is then stripped of his debt by virtue of a "discharge". This means that the debtor's property that will be known as "the bankruptcy estate" will then fall under bankruptcy proceedings.

The law that covers most of the bankruptcy process is known as "the Bankruptcy Code". The cases are filed with the federal court in all states to ensure uniformity of actions. There may be some distinctions in each state especially to those referring to exempted assets as well as to the nature and extent of a interest and other matters relating to the debtor's property. It is thus best to consult with a local bankruptcy attorney to explain the applicable laws to your particular situation.

Chapter 7 bankruptcy in California requires that the debtor voluntarily file the case. But there may be instances where creditors are allowed to resort to involuntary bankruptcy cases against their debtors. This is especially true for debtors who fail to pay debts on time. But involuntary bankruptcy cases do not occur often, as these are only available when there are 3 or more creditors with at least $10,000.00 total amount of debts. These can also be filed in cases where there are about 12 total numbers of creditors, which enables one creditor who is collecting about $10,000.00 to file the involuntary bankruptcy case.