A Step-by-Step Guide for Individuals
Are you overwhelmed by debt and looking for a fresh start? Chapter 7 might be the solution. At Fingerscan Digital, we understand how stressful financial hardship can be. This guide will walk you through the steps of filing Chapter 7 in California, and how a petition preparer in San Jose can help you file accurately and affordably—especially if you’re representing yourself without an attorney.
For affordable and professional help, we partner with TrustPoint Disability & Legal Services LLC—a trusted legal document assistant for bankruptcy in Santa Clara County.
What Is Chapter 7?
Chapter 7, often called “liquidation,” allows individuals to eliminate most unsecured debts like credit cards, personal loans, and medical bills. It’s intended for people who genuinely cannot afford to repay their debts.
Unlike Chapter 13 (which requires a repayment plan), Chapter 7 typically discharges qualifying debts within 3–6 months after filing.
Who Qualifies?
You may qualify for Chapter 7 if:
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- You have limited income and cannot repay debts.
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- You pass the Means Test, which compares your income to California’s median income.
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- You haven’t filed Chapter 7 in the past 8 years.
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- You’re willing to give up non-exempt property (if any) in exchange for debt forgiveness.
Need help understanding your eligibility? TrustPoint Disability & Legal Services LLC offers low-cost preparation in San Jose for individuals who don’t have an attorney but need professional guidance.
Step-by-Step Guide to Filing Chapter 7 Bankruptcy
Gather Your Financial Documents
Start by collecting:
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- 6 months of pay stubs or income documentation
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- 2 years of tax returns
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- Credit card statements, loan documents, and collection letters
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- Bank account statements
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- A list of all assets and debts
This documentation is required for the bankruptcy court to evaluate your financial situation.
Complete the Credit Counseling Requirement
Before filing, you must complete a credit counseling course from a court-approved provider. This is mandatory and must be done within 180 days prior to filing.
You will receive a certificate of completion, which must be filed with your bankruptcy forms.
Pass the Means Test
The Means Test compares your household income to California’s median for your family size. If your income is below the threshold, you qualify automatically. If it’s above, allowable deductions (like rent, utilities, and healthcare) may still help you qualify.
A document preparation service like TrustPoint can help you complete this complex form accurately.
Fill Out Bankruptcy Forms
You’ll need to complete a variety of legal forms, including:
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- Voluntary Petition (Form 101)
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- Schedules A/B through J (assets, liabilities, income, expenses)
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- Statement of Financial Affairs (Form 107)
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- Means Test Forms (122A-1 and A-2)
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- Statement of Intent (Form 108)
These documents make up your petition. Errors can delay your case or lead to dismissal, so it’s important they are prepared correctly.
This is where a petition preparation service in San Jose becomes essential for self-represented filers.
File Your Petition With the Court
Once completed, you’ll file your petition at the U.S. Bankruptcy Court for the Northern District of California (San Jose division if you live in Santa Clara County).
You must pay a filing fee of $338, unless you request a fee waiver or payment plan.
Upon filing, an automatic stay goes into effect, stopping most collections, wage garnishments, and lawsuits.
Work With the Bankruptcy Trustee
After filing, a trustee will be assigned to review your case. The trustee may request:
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- Additional documents
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- Clarifications
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- Bank account verification
If you have non-exempt assets, the trustee may liquidate them to repay creditors. In most cases, California’s generous exemption laws allow you to keep all or most of your property.
Attend the 341 Meeting of Creditors
You’ll be required to attend a short hearing called the 341 Meeting, usually held about 30–45 days after filing. The trustee will ask questions about your petition and finances under oath.
Creditors may attend but usually do not.
Bring your:
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- ID and Social Security card
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- Filed documents and any trustee-requested paperwork
If everything checks out, the trustee will close the meeting and your case moves toward discharge.
Take the Debtor Education Course
Before your debts are discharged, you must complete a post-filing debtor education course from an approved provider.
For assistance, TrustPoint Disability & Legal Services can provide guidance on your rights and options throughout the process.
Submit the certificate to the court as proof.
Receive Your Discharge
If all requirements are met, the court will issue a Chapter 7 discharge order—typically 60–90 days after your 341 meeting.
At this point:
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- Most unsecured debts are permanently wiped out
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- You get a fresh financial start
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- Creditors can no longer contact you or sue you
How a Petition Preparer Can Help
Filing is legal, but the paperwork is overwhelming. That’s why many people turn to a document preparation service instead of risking costly mistakes.
TrustPoint Disability & Legal Services LLC is a legal document assistant for bankruptcy in San Jose. They help you:
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- Prepare all required bankruptcy forms
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- Navigate credit counseling and Means Test
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- Organize and submit your documents to the court
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- Save thousands in attorney fees
Best of all, their services are bonded, professional, and affordable—ideal for self-represented individuals in Santa Clara County.
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Chapter 7 is a powerful legal tool to reset your finances—but only if filed correctly. If you’re looking for low-cost preparation in San Jose, we recommend connecting with TrustPoint Disability & Legal Services LLC for professional assistance.
They don’t offer legal advice, but they provide trusted support for self-represented individuals needing Chapter 7 help near me. Don’t face this process alone—get the help you deserve today.
Consulting a professional can simplify your journey.