Best Bankruptcy Attorneys in San Diego

Frequently Asked Questions

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

  San Diego residents can file their bankruptcy petitions with the U.S. Bankruptcy Court for the Southern District of California located at Jacob Weinberger United States Courthouse, 325 West F St., San Diego, CA 92101.

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

  San Diego residents can download bankruptcy forms from the Southern District of California Bankruptcy Court website: https://www.casb.uscourts.gov/forms.

• Will all of your credit card debt get discharged if you file for bankruptcy in San Diego?

  Generally, bankruptcy filing in San Diego will wipe out all your credit card debts. A Chapter 7 bankruptcy is the quickest way and ideal for unsecured debts like credit cards. Your debts can get discharged in 3-4 months after filing. Meanwhile, a Chapter 13 bankruptcy allows you to pay off a percentage of the debt over 3-5 years through a payment plan. Your remaining credit card debt after you successfully fulfilled the payment plan is discharged.

• Do you have to go to court if you file for bankruptcy in San Diego?

  In most bankruptcy filings in San Diego, there is no need for you to go to bankruptcy court. A creditors’ meeting, also known as “Section 341a meeting,” is what you will have to attend for Chapters 7 and 13 bankruptcies. Failure to attend will result in the dismissal of your filing. The meeting is conducted in the Trustee’s Office where, under oath, you will be questioned about your ability to make the required payments under the bankruptcy system.

• Can you get a home loan even if you have been through bankruptcy in San Diego?

  In general, about two years after discharge, you can already be considered for a mortgage. You can qualify for VA and FHA loans two years after your Chapter 7 or 13 bankruptcy has been discharged. For conventional loans, you can apply four years after Chapter 7 discharge, and two years after Chapter 13 discharge. Note that aside from getting your debts discharged, you need to rebuild your credit score and finances in San Diego to secure mortgages.

• Will your bankruptcy filing in San Diego show up on your credit report forever?

  According to the Fair Credit Reporting Act, agencies may only include in the credit report your negative credit data for up to seven years, and your bankruptcy for up to 10 years after your filing in San Diego. Generally, a bankruptcy Chapter 7 will be removed from your credit report in 10 years, and a Chapter 13 bankruptcy in eight years. You can counteract this bad record by taking steps to rebuild your credit score immediately after debt discharge.

• Where do you file your petition for bankruptcy in San Diego?

  Bankruptcy petitions must be filed with the U.S. Bankruptcy Court for the Southern District of California. The court is located at Jacob Weinberger U.S. Courthouse, 325 West F Street, San Diego, CA 92101. It is advised that you work with a bankruptcy attorney to make sure you accomplish all requirements and that your petition is filed properly.