California Bankruptcy Frequently Asked Questions
There are many questions that are asked often in the process of California bankruptcy proceedings. This is especially helpful if you are representing yourself for any reason and need to know some of the basic rules and guidelines.
One of the first questions asked is does a debtor have to file pleadings with a blue back attached. The answer to this question is that while they make the documents look much nicer and more professional they are not required in order for any pleadings or documents to be filed with the California bankruptcy courts.
Next, a common question is can you access documents online that have been filed. The answer is yes, California bankruptcy courts have a system called PACER that will allow you to view all of the pages in filed proceedings without ever having to go to the courthouse. This system requires a subscription and charges per page viewed, however the costs is very reasonable compared to the cost of gas and time to drive to the courthouse to review the documents.
Another common question is how long does a bankruptcy stay on my credit report. The answer is that the bankruptcy will remain on your credit file for 10 years. This time begins on the date the case was filed. Nobody in the California bankruptcy courts has the authority to have the listing removed, or to delete it entirely. Many people often ask as well how they can get an automatic stay. The answer is that an automatic stay is in effect for a Chapter 7 bankruptcy petition. Other chapters require that a stay be applied for in order for a stay to go into effect. People are also often confused about the chapters for bankruptcy. It is important to note that only Chapter 13 is designed for individuals. Chapters 7 and 11 are only designed for businesses or corporations. It would be completely inappropriate for an individual to file for a Chapter 7 bankruptcy in California bankruptcy court. In addition, many people who represent themselves also ask, where can they find a copy of the Local Rules for the California bankruptcy courts. The answer is that the rules are available from all divisional offices, as well as on the California bankruptcy court website. Another common question is about actual filing. Many people wonder if they must actually wait in line to file papers, or if the California bankruptcy courts offer a drop off service. The answer is that you can just use a drop box that is in established and authorized locations. Any documents that are in the drop box will be filed with the same date on them, however if you need help from a clerk, or even possibly need a copy back with a filed stamp then using the drop off service would be completely inappropriate. These are just some of the most common questions that are presented in the course of dealing with the California bankruptcy court system. This list of frequently asked questions is not an all-inclusive list however but rather a small listing of the most commonly asked of the frequently asked questions.
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