Filing personal bankruptcy follows a clear sequence. Here’s a plain-English overview of each step, from pulling your credit report to receiving your discharge. If you’d like help at any point, email martha@bankruptcysage.com for a free 30-minute consultation.
- 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 — about 60 days after your 341(a) hearing (the first date; not any continued date). You’ll usually receive your discharge a few days later, and most cases close shortly after.
Want help with any of these steps?
I’m Martha Warriner, a California bankruptcy attorney with more than 40 years of experience. I guide individuals through every step of Chapter 7 and Chapter 13 — the paperwork, the process, and the stress.