Oakhurst, CA Bankruptcy Law Firms & Lawyers

There is no such thing as not including a debt in a bankruptcy inasmuch as you are signing your bankruptcy petition under oath and under the penalty of perjury that you have listed all your debts, income, assets, and expenses. Your failure to do so can lead to a denial of your discharge of all your debt. In addition, even if you disobey the law and don't list it, it is likely the credit card company would find out about your filing thru a National Data Clearing center and cancel your card and debt. Reaffirmation agreements must come from that creditor. It is unlikely that the creditor will send you a reaffirmation agreement for the balance owed on your account as it is not worth it for them to do so. It is not the responsibility of your attorney to draft one as that would be representing the creditor and not you.

You need to talk to a bankruptcy attorney who represents creditors. Bankruptcy stops your ability to collect on the state court judgment. There are deadlines for you to take action in the bankruptcy.

Bankruptcy law allows Californian human beings to protect their assets by claiming them exempt under the exemption laws of California, which specify how much you can protect of a particular type of asset. Whether you can keep your car without any hassle depends on how much it is worth now (KBB or NADA may tell you). Once you know that, you will know if the car exemption, currently in the amount of $3,525 if you do not have equity in your house to protect, is sufficient to protect your car or you need to apply another law to protect it, such as the wildcard exemption for about $23,250. Getting this analysis right is enough reason to retain competent and experienced counsel.