Best Bankruptcy Attorneys in San Bernardino

Frequently Asked Questions

• Where do I file for bankruptcy in San Bernardino, California?

  San Bernardino County residents can file for bankruptcy at the Riverside Federal Courthouse at 3420 Twelfth Street, Riverside, CA 92501.

• Where can I get bankruptcy forms in San Bernardino, California?

  You can get bankruptcy forms for San Bernardino residents on the Central District of California page of the U.S. Bankruptcy court website at https://www.cacb.uscourts.gov/forms/petition_forms.

• Will filing for bankruptcy in San Bernardino cause the filer to lose their car?

  Filing for chapter 7 or 13 bankruptcy in San Bernardino will not cause the filer to lose their car, depending on certain factors. For chapter 13, the car can be kept if payments for it are continued, in accordance with a payment plan. For chapter 7, keeping the car depends on the vehicle’s value and one’s ability to pay for it. The type of exemption will significantly affect a chapter 7 bankruptcy case.

• What are the post-bankruptcy thresholds for applying for a mortgage in San Bernardino?

  Post-bankruptcy thresholds for San Bernardino mortgages differ between loan types. The most lenient are VA and FHA loans, which borrowers may apply for two years after discharge in a chapter 7 bankruptcy, while conventional mortgage loans have a waiting period of four years. Those in chapter 13 repayment plans can apply for VA and FHA loans as early as one year, although these usually need court approval.

• Who can qualify for a chapter 7 bankruptcy in San Bernardino?

  San Bernardino residents qualified for a chapter 7 bankruptcy are those who pass the so-called means test. Individuals must have an income below 48,000 dollars, while families of two must have incomes below 64,000 dollars. If their incomes are above these California median values, they may consider if allowable expenses such as financed cars and mortgages could leave them without disposable income for paying their creditors. Such expenses allow high income petitioners to qualify for a chapter 7.

• How does California’s mediation program benefit San Bernardino litigants with bankruptcy issues?

  The mediation program created by the U.S. Bankruptcy Court for California’s central district helps San Bernardino litigants resolve disputes faster at a lower cost. The program also helps remove the pressure and stress brought about by litigation. The court instituted this remedy, recognizing the fact that adversary proceedings and formal litigation of disputes in cases of bankruptcy usually impose substantial financial burdens on the parties involved, and their resolutions are often delayed.

• Who qualifies for a chapter 13 bankruptcy filing in San Bernardino?

  To qualify for a chapter 13 bankruptcy filing, a San Bernardino resident must have a regular or relatively steady income. They must have unsecured debts not reaching 336,900 dollars and secured debts below 1,010,560 dollars. Unsecured debts include student loans and medical and credit card debt. Self-employed individuals and people who earn from quarterly commission checks should be able to compute their average monthly income.