File Chapter 7 Bankruptcy
Keep Your Home & Car

TruPoint’s Chapter 7 document preparation starts at $1,200 plus the $338 court filing fee. A San Jose bankruptcy attorney typically charges $1,500–$2,500 for the same preparation work. As a Registered Bankruptcy Petition Preparer, we prepare the voluntary petition, means test, all schedules, statement of financial affairs, and creditor matrix at your direction. Court filing fee waivers are available if your income is below 150% of the federal poverty guidelines.

Chapter 7 is generally available when household income is below the California median (see the income table above) — you automatically pass on Form 122A-1. If your income is higher, we complete Form 122A-2, which deducts allowable living expenses to determine disposable income. Most San Jose residents with overwhelming credit card, medical, or personal loan debt qualify. A free consultation is available at our San Jose office.

Chapter 7 discharges most unsecured debts: credit card balances, medical bills, personal loans, payday loans, old utility bills, deficiency balances after repossession, and most civil judgments. It does NOT discharge child support, alimony, most student loans, recent income tax debt (within 3 years), criminal restitution, or debts from fraud. Secured debts (mortgages, auto loans) can be kept by reaffirming or discharged by surrendering the collateral.

Most filers keep everything. California’s exemption system protects significant home equity, one vehicle up to $7,500 equity, retirement accounts, and household goods. Over 95% of Chapter 7 cases are no-asset cases — nothing gets sold. If you’re current on your mortgage or car payment and have limited equity above the exemption, you keep the property. We prepare exemption schedules under either the 703 or 704 system, whichever protects more of your assets.

Instantly. The moment your petition is accepted by the U.S. Bankruptcy Court, the automatic stay under takes effect. All collection calls, letters, lawsuits, wage garnishments, bank levies, and foreclosure actions must stop immediately. Continued collection activity after filing is a federal violation with significant penalties for the creditor. For urgent cases, we offer same-day petition preparation.

Most cases in the San Jose Division of the Northern District of California complete in 3–6 months from filing to discharge. Timeline: petition filed (day 1), automatic stay begins (day 1), 341(a) meeting of creditors (30–45 days later), creditor objection period (60 days after 341), discharge issued approximately 90–120 days after filing. You can usually file again 8 years after your prior discharge.

Yes. A Registered Bankruptcy Petition Preparer — which includes Legal Document Assistants under California California’s Legal Document Assistant law — can prepare every bankruptcy form at your specific direction: voluntary petition, schedules, means test, and statement of financial affairs. TruPoint is LDA #268, registered and bonded in Santa Clara County. You file the completed documents pro se, fully permitted under federal bankruptcy rules. As a Bankruptcy Petition Preparer, TruPoint prepares your documents at your direction and makes sure they are accurate, properly formatted, and court-ready.

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 requires two courses: a credit counseling course within 180 days before filing, and a debtor education course before discharge. Both are online (60–90 minutes each) from court-approved agencies. Typical cost is $15–$50 per course; fee waivers available. We provide the current approved-agency list for the Northern District of California at your consultation.

The U.S. Bankruptcy Court, Northern District of California, San Jose Division is located at 280 S 1st St, San Jose, CA 95113. This court serves Santa Clara, San Benito, Monterey, and Santa Cruz counties. Most 341(a) meetings since 2020 are held on Zoom, so you typically do not need to appear in person.