Can I choose which accounts to add to bankruptcy? 4 Answers as of June 11, 2013

Can I be selective about which accounts I add to a bankruptcy? I am thinking about Chapter 7 because my income has been hit hard by the economy and I owe almost $30,000. Can I go through the bankruptcy alone or is a lawyer mandatory?

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David Nelson
David Nelson | David Nelson
Lawyers are not mandatory.

If your case is simple enough you can do it on your own. The most difficult part is selecting the correct exemption statutes for Schedule C. Items of property which are exempt are the items which you can keep. So, what you need to do it on your own is the correct list of statutes.

Go to

http://www.justice.gov/ust/r15/docs/chapter7/standing_administration_guidelines.pdf

for a list of the Trustees Guidelines in San Diego, California. If you are outside of California, this resource will not be helpful.

Go to

http://www.bklaw.com/california_bankruptcy/california-bankruptcy-exemptions-703.html

for one set of the exemptions which are available in California. I like to call this the renters exemptions. If you have no home or no equity in your home, then you have no need for a homestead exemption. Read this list of exemptions and you will see that these are a great list of exemptions if you do not need a homestead exemption.

Go to

http://www.bklaw.com/california_bankruptcy/california-bankruptcy-exemptions-704.html

for a complete list of the exemptions if you own a home that has equity that has to be protected.

You will read in these statutes that you cannot mix and match. You get to pick one set or the other.

Good luck.
Answer Applies to: California
Replied: 8/17/2010
Halpern Law Offices
Halpern Law Offices | Daniel B. Halpern
Yes, you can do it alone or hire my firm for as low as $599.00. Yes you can reaffirm some debt.
Answer Applies to: California
Replied: 6/11/2013
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No. All of your creditors have to be listed. Secured creditors such as car payments have to be included as well but you are able to keep a vehicle a home or other needed secured debts.

You do not have the ability to prefer one non secured creditor (such as a credit card) over another.
Answer Applies to: California
Replied: 8/16/2010
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