Best Bankruptcy Lawyers Berkeley, CA

Berkeley, CA Bankruptcy FAQs

• Where do I file for bankruptcy in Berkeley, California?

  If you are a Berkeley resident, you may file for bankruptcy at the United States Bankruptcy Court Northern District of California, which serves all of Alameda County. It is located at 1300 Clay Street, Suite 300, Oakland, CA 94612. For further assistance, you may call the office at 888-821-7606.

• Where can I get bankruptcy forms in Berkeley, California?

  You may download the necessary bankruptcy forms for filing in Berkeley at https://www.canb.uscourts.gov/forms/district.

• Do you really need an attorney to file for bankruptcy in Berkeley?

  No. The law does not require you to retain an attorney if you are looking to file for bankruptcy in Berkeley. If you choose to file your case on your own, you will be representing yourself as a debtor in “pro se.” This can be extremely complicated if you do not know the law. You might make mistakes that can cost you more money along the way. This is why it is highly recommended that you hire an experienced bankruptcy attorney to handle your case.

• Can filing for bankruptcy in Berkeley stop home foreclosure?

  Yes. Filing for bankruptcy in Berkeley halts a home foreclosure immediately. This means if you are not able to pay off an expired balloon payment or miss any mortgage payments and the lender initiates the foreclosure process, you can stop it by filing a Chapter 13 bankruptcy. Taking this step allows you to either make up for missed payments or sell your home and gain equity in cash that could have been lost if the foreclosure was finalized.

• Are you required to file tax returns while facing bankruptcy in Berkeley?

  Generally speaking, all tax debtors in Berkeley are responsible for filing their tax returns when they become due. According to the Bankruptcy Code, for bankruptcy cases filed after October 16, 2005, if the tax debtor fails to file a tax return that becomes due after the bankruptcy filing, a taxing authority may request for the court to dismiss the case or convert the case to a different chapter of the Bankruptcy Code.

• Will others be able to access your bankruptcy case in Berkeley?

  Since bankruptcy cases are considered public records in Berkeley, your own bankruptcy case is made accessible by the United States government through the Public Access to Court Electronic Records (PACER) portal. With a valid PACER account, anybody who searches for your bankruptcy case will be able to access it. Realistically speaking, though, unless you are a high-profile individual, your bankruptcy filing won’t be reported out in the open.

• Can you petition the bankruptcy court to remove a bankruptcy case from your credit report in Berkeley?

  You can petition the bankruptcy court to remove a bankruptcy case from your credit report in Berkeley, but the court does not have jurisdiction over credit reporting agencies. However, the Fair Credit Reporting Act ensures that no credit reporting agency reports a bankruptcy case on your credit report after 10 years from the date you filed for bankruptcy. Meanwhile, other bad credit information is removed from your record after seven years.