
The Bankruptcy Sage
Expert advice if you are considering bankruptcy
Is Bankruptcy Right for You?
Are you drowning in debt? Dodging creditor calls? Wondering if there’s a way out?
You’ve come to the right place.
Chapter 7 bankruptcy wipes out most unsecured debt so you can start fresh. Chapter 13 lets you keep your assets while catching up on what you owe — including past-due mortgage payments. Either way, bankruptcy is a legal tool designed exactly for the situation you’re in.
Read on to learn how the process works. And if you’re ready to talk, email martha@bankruptcysage.com to schedule a free 30-minute consultation.
I’m Here to Help You
I’m Martha Warriner, a California bankruptcy attorney with over 40 years of experience. I’ve helped hundreds of individuals successfully file for bankruptcy and get the fresh start they deserved.
I don’t just hand you a pile of information and walk away. I guide you through every step — the paperwork, the process, and the stress — so you come out on the other side with clarity and confidence.
Financial hardship is bad enough. You shouldn’t have to navigate it alone.
How Does Bankruptcy Work?
Here’s a plain-English overview of the process:
- Pull your credit report at annualcreditreport.com and compile a list of creditors — names, addresses, account numbers (last 4 digits), and balances.
- Check the means test to see whether you qualify for Chapter 7 or Chapter 13. Start by comparing your gross annual income to the California median for your household size. If you’re above the median, you might still pass the full means test — but it gets technical fast.
- Complete the forms. You can do this yourself, use a petition preparer, or hire an attorney. The forms are the same for all Bankruptcy Courts so you can use the Central District forms wherever you live.
- Take a credit counseling course and get your completion certificate. Find an approved provider here — make sure to filter by California. Or you can use the provider that I recommend: evergreenclass.com. If they ask you for an attorney code, mine is EFC455. If you take both the Credit Counseling and post-petition Financial Management courses from them, they’ll give you a free course on how to re-build your credit after bankruptcy.
- File your petition at the correct bankruptcy court (use the zip code lookup on the court website). Filing fees: $338 for Chapter 7, $313 for Chapter 13. Payment must be by cashier’s check or postal money order payable to U.S. Bankruptcy Court — no cash or credit cards.
- Attend your 341(a) meeting of creditors. The trustee will ask questions about your assets and liabilities. Most hearings are now held on Zoom — you’ll receive login details after filing.
- Complete a post-filing financial management course within 60 days of your 341(a) date and file the certificate. You can typically use the same provider as your Credit Counseling course.
- Receive your discharge — 60 days after your 341a hearing (the first date; not any continued date). You’ll usually your discharge within a few days later. Most cases close shortly after.
Do you want some help?
I understand the emotional toll that financial hardship can take on you and your family. My goal is to not only provide you with legal advice and counsel, but also to be a supportive partner throughout the bankruptcy process.
If you are struggling with debt and considering bankruptcy, reach out for a free consultation. Get help as you take the first steps towards a brighter financial future. Email me at martha@bankruptcysage.com to set up a free half-hour consultation.
Here are answers to some FAQs:

What is chapter 7?
Chapter 7 is a liquidation proceeding. If you qualify, chapter 7 liquidates your non-exempt assets (most chapter 7 debtors do not have any non-exempt assets) and wipes out (discharges) your unsecured debts.

What is chapter 13?
Chapter 13 is a reorganization plan for debtors that do not qualify for chapter 7. A chapter 13 plan provides for partial repayment of debts over a 3 to 5 year period.

What is the means test?
A means test is a comparison of your actual income to average monthly expenses for your area to determine if you have sufficient income to pay some portion of what you owe to creditors. You are exempt from the means test if your income is less than the median for your state. If you are not exempt you must pass the test in order to qualify to file a chapter 7 case.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.