Question 1

Where do I file for bankruptcy in Palmdale, California?

Accepted Answer

Palmdale residents may file for bankruptcy in the United States Bankruptcy Court for the Central District of California located at the San Fernando Valley Division at 21041 Burbank Boulevard, Woodland Hills, CA 91367. You may also file at the Los Angeles Division at the Edward R. Roybal Federal Building and U.S. Courthouse on 255 East Temple Street, Los Angeles, CA 90012.

Question 2

Where can I get bankruptcy forms in Palmdale, California?

Accepted Answer

You may get your Palmdale bankruptcy forms at the official website of the United States Bankruptcy Court for the Central District of California, which can be accessed here: https://www.cacb.uscourts.gov/forms-overview.

Question 3

How often do Palmdale residents file for bankruptcy?

Accepted Answer

According to data published by the United States Bankruptcy Court for the Central District of California, there have been 5,006 bankruptcy filings in 2023 from Los Angeles County, where Palmdale is located. Bankruptcy rates in the area have been declining these recent years, with 14,075 filings in 2020 to 8,879 filings in 2022.

Question 4

What is the most common type of bankruptcy case in Palmdale?

Accepted Answer

In 2023, Chapter 7 is the most common type of bankruptcy filing from Los Angeles County, which has Palmdale under its jurisdiction. The second most common type of bankruptcy in the area is Chapter 13, with 988 filings in the same year. So far, there have only been 104 Chapter 11 bankruptcy cases in 2023.

Question 5

Can Palmdale debtors file for bankruptcy by themselves?

Accepted Answer

Debtors in Palmdale may file for bankruptcy by themselves, as the U.S. Bankruptcy Court for the Central District of California even offers an online self-representation tool for Chapter 7 and Chapter 13 pro se filers, meaning those who have chosen not to enlist the services of an attorney. Despite this, however, only 7.6% of filers in Los Angeles County for 2023 were pro se cases. Petitioners are still advised to obtain legal assistance if they are able to.

Question 6

What happens to mortgages in a Palmdale Chapter 7 bankruptcy?

Accepted Answer

Chapter 7 bankruptcy petitioners in Palmdale who have mortgages are allowed one of two options: either “reaffirm” the mortgage and keep making payments or surrender the home to the lender. In order to qualify for a reaffirmation, the petitioner must either be current on their mortgage payments, catch up on their payments within a few weeks of filing for bankruptcy, or renegotiate a loan modification or repayment agreement with the lender.

Question 7

Can mortgages be discharged in a Palmdale Chapter 13 bankruptcy?

Accepted Answer

Those in Palmdale who have filed for Chapter 13 bankruptcy may be able to discharge their second mortgage as unsecured debt. Apart from this, the “automatic stay” that is put into place after filing prevents most collection efforts, including the foreclosure of their property. Finally, Chapter 13 bankruptcy allows petitioners to restructure their mortgage into a three-year to five-year payment plan.

Question 8

What does a bankruptcy attorney do?

Accepted Answer

Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

Question 9

What happens when you file bankruptcy?

Accepted Answer

Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

Question 10

Can you file bankruptcy on student loans?

Accepted Answer

Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

Question 11

What is bankruptcy fraud?

Accepted Answer

Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

Hiding assets by transferring them to another person or entity
Intentionally omitting assets when reporting to the court
Destroying or withholding required documents
Knowingly making false statements to bankruptcy trustees or creditors

Question 12

How long is bankruptcy on public record?

Accepted Answer

How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

Question 13

Does bankruptcy clear tax debt?

Accepted Answer

Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

Federal income tax debt related to current properly filed tax returns
Honestly incurred with no fraud or evasion
At least three years old
Assessed at least 240 days before bankruptcy filings

Existing liens are not eliminated with bankruptcy.

Question 14

Can they take my car in Chapter 7 bankruptcy?

Accepted Answer

In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

Question 15

How bad is it to file bankruptcy twice?

Accepted Answer

Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

Question 16

Can anyone file bankruptcy?

Accepted Answer

Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

Question 17

How will bankruptcy affect my credit score?

Accepted Answer

Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

Question 18

What are the benefits of filing for bankruptcy?

Accepted Answer

Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

Question 19

What's the difference between debt settlement and bankruptcy?

Accepted Answer

Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.

Attorney Names	Bar Status	Experience
Chantal Van Ongevalle - Associate Attorney	Active	28 yrs
Mitchel Burman - Associate Attorney	Active	5 yrs
Gregory Shanfeld - Founding Shareholder	Active	30 yrs

Best Bankruptcy Attorneys in Palmdale

Our Recommended Top 5

We did the research for you!

We did the research for you!

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Frequently Asked Questions

Where do I file for bankruptcy in Palmdale, California?

Where can I get bankruptcy forms in Palmdale, California?

How often do Palmdale residents file for bankruptcy?

What is the most common type of bankruptcy case in Palmdale?

Can Palmdale debtors file for bankruptcy by themselves?

What happens to mortgages in a Palmdale Chapter 7 bankruptcy?

Can mortgages be discharged in a Palmdale Chapter 13 bankruptcy?

Related Articles

Student Loan Debt and Bankruptcy: What You Need to Know

6 Steps to Hire a Bankruptcy Attorney

Find top Bankruptcy Attorneys nearby

Other top picks in your area

Our Recommended Top 5

We did the research for you!

Providers

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Why choose this provider?

Attorney Information

Reputation:

Professionalism:

Frequently Asked Questions

Where do I file for bankruptcy in Palmdale, California?

Where can I get bankruptcy forms in Palmdale, California?

How often do Palmdale residents file for bankruptcy?

What is the most common type of bankruptcy case in Palmdale?

Can Palmdale debtors file for bankruptcy by themselves?

What happens to mortgages in a Palmdale Chapter 7 bankruptcy?

Can mortgages be discharged in a Palmdale Chapter 13 bankruptcy?

Related Articles

Student Loan Debt and Bankruptcy: What You Need to Know

6 Steps to Hire a Bankruptcy Attorney

Find top Bankruptcy Attorneys nearby

Other top picks in your area