Bankruptcy Category: Money Debt and Consumer Issues

Overview

Consumers may find themselves in a position where it is necessary to file for bankruptcy. Bankruptcy is a legal process that permits insolvent people or businesses to wipe out their debts and start fresh. Bankruptcy proceedings are governed by federal law and take place in the U.S. Bankruptcy Court.  In Sacramento, this court is located at 501 I Street (www.caeb.uscourts.gov/).

Individual debtors may give up assets to pay their creditors as much as possible (Chapter 7 “liquidation”), or may set up a repayment plan (Chapter 13). Other chapters apply in specialized situations. Upon filing, the debtor immediately benefits from the “automatic stay” (an injunction that stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed).

After a successful Chapter 7 bankruptcy, the debtor’s debts are “discharged” (the debtor is no longer required to pay them). A bankruptcy stays on the debtor’s credit rating for up to 10 years, and some debts, such as child support, taxes, and student loans, normally cannot be discharged. However, some assets are exempt from being liquidated (for example, pensions and 401ks, homes and cars without equity, and the basic means of day-to-day living.)

Forms

Bankruptcy: Application for Order of Discharge
Bankruptcy: Application to Reopen a Case
Credit reports

Lee en español: Reportes de Crédito What is a Credit Report? A credit report is a record of a person’s or company's past borrowing and repaying records. What Information is on my Credit Report? report summary; account name(s); credit bureau information; date account(s) opened; monthly payment(s); last reported date account(s)...

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Am I Judgment Proof?

Lee en español: ¿Seré Yo Una Prueba de Sentencia Para Cobros? What does it mean to be “judgment proof?” “Judgment proof” is not a legal term, although we often receive requests for a legal definition of the phrase at the Law Library. In layman’s terms, a person is judgment proof...

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Capital Pro Bono Debt Collection Defense Clinic
Money Debt and Consumer Issues
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By appointment only.

Capital Pro Bono’s Debt Collection Defense Clinic can provide assistance with understanding and cleaning up credit reports, disputing debts and identity theft, and evaluating whether or not you should file for Chapter 7 bankruptcy or answer debt collection lawsuits.

Eligibility: Must be low income. Must have legal Immigration status

Community Legal Services Clinic (McGeorge)
Health
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Students at the McGeorge School of Law can serve low-income clients in the areas of Immigration, Bankruptcy, Elder & Health Law, and Homeless Advocacy.

Bankruptcy Clinic (McGeorge)
Money Debt and Consumer Issues
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Academic year only., Typically open for intake during June/July and November/December for one to two weeks., The Bankruptcy Clinic is located on the campus of Pacific McGeorge School of Law and assists low-income clients in debtor/creditor matters including debt collection disputes, and the representation of debtors in Chapter 7 bankruptcy proceedings in the United States Bankruptcy Court for the Eastern District of California.

Sacramento Justice League
Family
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Sacramento Justice League is a nonprofit corporation in Sacramento offering low cost legal services and occasional free clinics. Topics covered include:

  • Direct Family Law Legal Services
  • Name Changes/Birth Certificate Changes
  • Criminal Expungement Assistance
  • Credit and Debt Relief Assistance
  • Self-Represented Family Law Workshops
  • Domestic Violence Restraining Orders
  • Landlord/Tenant Issues
  • Bankruptcy
Motion to Pay Judgment in Installments: Requesting Installment Payments

Lee en español: Moción para pagar una sentencia en pagos mensuales Background California Code of Civil Procedure (CCP) § 582.5 allows a judgment debtor in a limited civil case (amount demanded is under $25,000, or under $35,000 if filed after Jan. 1, 2024) to ask the court for an order...

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