Legal Question in Bankruptcy in California

Filing Chapter 7 in California

My question is this, if you are no longer married and have no income, except state aid, can you file Bk? I recently got a divorce, I'm currently not working due to being laid off from the Mortgage industry and then becoming pregnant with no one wanting to hire me. I however NEED to file Bk because I have not been able to pay anything in over a year, can i file without income?


Asked on 9/24/08, 3:32 pm

3 Answers from Attorneys
Brian Whitaker Lifeline Legal, LLP

Re: Filing Chapter 7 in California

It sounds like you might be confusing Chapter 7 BK with Chapter 13. You must have some sort of regular income to file Chapter 13 (where you make monthly payments to pay some of your debt back); but no income virtually guarantees that you will qualify for Chapter 7

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Answered on 9/25/08, 1:11 am
Lauren Ross Lauren Ross

Re: Filing Chapter 7 in California

Yes, it is possible to file chapter 7 with no income. There are many other issues, of course, but to answer your one question- yes.

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Answered on 9/24/08, 3:37 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Filing Chapter 7 in California

I've filed a number of Chapter 7 cases for people who were unemployed or had no source of income. The filing fee is $299 and there are other criteria that you must meet. Please feel free to contact my office if you need further assistance.

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Answered on 9/24/08, 3:39 pm


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