Do you have to explain to the court your reasons for filing bankruptcy?

Victoria Maydanik 341 Bankruptcy Meeting, California Chapter 13 Bankruptcy, California Chapter 7 Bankruptcy 7 Comments

I have noticed that many people are hesitant to consider bankruptcy as a viable option because they mistakenly believe that they would have to provide very personal details about themselves and their relationships and personal and financial choices, and mistakenly believe that they would have to give reasons for filing bankruptcy as part of the bankruptcy petition. It’s unfortunate that this barrier is stopping many people from fully exploring bankruptcy as an option to clear debts and start fresh. I have compiled some recent questions on this topic from potential clients, as well as my answers.Bay Area bankruptcy attorney Victoria Maydanik

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If you are burdened with debt, I would encourage you to keep an open mind about all options you are legally entitled to, and to talk to a local experienced bankruptcy attorney to see if bankruptcy may be a good financial solution in your situation.

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Comments 7

  1. Great post! Filing bankruptcy can be scary and confusing, but this post answered a lot of good questions. Thanks for sharing.

  2. The same doubt about having to explain to the court the reasons for filing for bankruptcy is one that also came to my mind. The doubt came to my mind after my wife and I each agreed that we needed to file for bankruptcy in behalf of our bakery store. What got us also thinking about is if there is a lawyer that can handle bankruptcy situations like ours.

  3. After a few years of trying to figure out my finances, I’ve decided that declaring bankruptcy would probably help me with a few of the debts that I owe. I recently heard that I might have to explain to the court my reasons for filing bankruptcy, so I was wondering if that’s really the case. It helps to know that the court wouldn’t ask for an explanation. Now I feel more comfortable with the idea of declaring bankruptcy knowing that I don’t have to explain my reasons to the court. Thanks for posting this!

  4. I appreciate what you said about discussing your reasons for filing with a bankruptcy attorney so they can make sure the case will meet your objectives. My husband and I are considering filing because we’re in debt, and we want to get out of it before our daughter gets married, which might happen within the next few years. If we explain this to a lawyer, maybe they’ll be able to help us get it done.

  5. I liked the situations you gave for possible reasons to declare bankruptcy and maybe how much you really need to express to the court. For example, this really happened to my brother, his girlfriend stole his credit card and used it for almost 3 months while manipulating him to let her steal from him. It might be a viable option for him to file for bankruptcy and still look less ridiculous by not having to tell everything about his ex.

  6. It’s good to know that the court won’t ask for a detailed explanation about why you’re filing for bankruptcy. My brother has incurred a lot of debt over the years, and he’s unable to pay it off on his own. He wants to declare bankruptcy, but he doesn’t want to explain what happened to a bunch of strangers. I’ll pass this information along to him so that he knows that he only needs to go into detail about his issues with the bankruptcy lawyer that he hires.

  7. I was surprised to read that the court does not need specifics. This is great to know, especially since it’s crunch time for me. Finding an attorney to help me file would be great, especially because they are experienced.

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