Legal Question in Bankruptcy in California

Re: Chapter 7and Chapter 13 bankruptcy

You can't choose to do both, but you should speak with an attorney about which to file--it may be that one or the other will meet all your goals.

Re: Chapter 7and Chapter 13 bankruptcy

If you are not behind in your car payment...and house payment...you can continue to pay those creditors as usual..file a stateemnt on intention to that effect...but do chapter 7 for credit card debts. If you are behind in your house payment...chapter 13 is the only solution...you need to have left over income to contribute towards the PLAN for Chapter 13.

Re: Chapter 7and Chapter 13 bankruptcy

Thank you for your question.

You can file a Chapter 7, and then file a Chapter 13 the day after the Chapter 7 ends, but you can't file both at the same time.

A Chapter 7 filing first might get rid of the unsecured debt, and then let you file a Chapter 13 on the secured debt, which might be what you are looking for.

I hope that this information helps, but if you have other questions you need answered, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.