Chapter 7 Bankruptcy Orange County

Chapter 7 Bankruptcy Orange County

When you file for Chapter 7 Bankruptcy in Orange County in most cases you must qualify using the means test. Part of qualifying under the means test for Chapter 7 bankruptcy requires looking at the applicable expenses allowed for your household for California and sometimes specifically for Orange County. If you are above median income for your household then you must look to the allowable household expenses to determine if deducting these expenses will help you pass the means test. Information on the allowable expenses is published by the U.S. Trustee website. In Orange County there is specific amount allowable for utilities and housing based on your household size. The link with this information can be found here : Housing and Living Expenses for California. There is also specific information for expenses on your vehicles, medical expenses, food, clothing and miscellaneous expenses. The amounts are adjusted every year based on the Consumer Price Index. To find the most updated information on theses expenses you can go to: U.S. Trustee Means Testing

Chapter 7 Bankruptcy Court in Orange County

When you file for Chapter 7 Bankruptcy in Orange County your case will be assigned to the bankruptcy court located in Santa Ana. The Orange County Bankruptcy Court is located at:

United States Bankruptcy Court
Central District of California
Ronald Reagan Federal Building and U.S. Courthouse
411 West Fourth Street
Santa Ana, CA 92701

At the time your bankruptcy case is filed you are assigned a bankruptcy judge and a Chapter 7 bankruptcy trustee. You must attend a 341 hearing for your Chapter 7 cases that is held before a trustee at the Orange County bankruptcy court. This hearing is generally held 31 to 50 days after your case is filed. Prior to attending your 341 hearing you must provide your Chapter 7 Trustee with a list of required documents.

Chapter 7 Bankruptcy Trustee Requirements in Orange County

When you file a Chapter 7 bankruptcy in Orange County you will have a Chapter 7 Trustee assigned to your case. A trustee is a person appointed by the U.S. Trustee’s office to oversee your case. In the Central District of California there are approximately 37 Chapter 7 Trustees (according to the U.S. Department of Justice website). The Central District of California covers Orange County and surrounding counties. A Chapter 7 trustee is tasked with determining if there are any assets that need to be liquidated for the benefit of creditors and to disburse funds to creditors.  A Chapter 7 Trustee  administers your bankruptcy estate. In the majority of Chapter 7 cases there are no assets that need to be liquidated and no payment to creditors.

Once your Chapter 7 bankruptcy case is filed you will need to provide the Chapter 7 trustee with your most recently filed tax return. If you have not recently filed a tax return, the Chapter 7 trustee may require that you file a declaration indicating that you were not required to file tax returns for specific years. You must provide the trustee the last filed federal tax return at least 7 days prior to your 341 hearing.  In addition, to the most recently filed tax return, the Chapter 7 trustee may require additional documentation. Below is a list of the Chapter 7 Trustee’s in Orange County and their required documents:

Orange County Chapter 7 Trustee’s

Documents Required:

1.  Most recent two years of filed tax returns

2.  Financial statements for all businesses, if applicable

3.  Three months of ALL bank accounts up to petition filing date

4.  Most recent mortgage statement

5.  All proofs of insurances: Auto, Homeowners and/or Business Insurance

6.  Current Life Insurance Policy and Last Statement

7.  Current year and prior year retirement statements

8.  All Trust documents in which debtor is the beneficiary

9.  Other Personal Financial Statements

10. DEBTOR questionnaire

11. Domestic Support Form

Jeffrey I. Golden– Chapter 7 Bankruptcy Trustee in Orange County

650 Town Center Drive Suite 600

Costa Mesa, CA 92626 Phone: (714)966-1000

Documents Required:

1.  Most recent year of filed taxes

2.  Domestic Support Form

Richard A. Marshack– Chapter 7 Bankruptcy Trustee in Orange County

870 Roosevelt

Irvine, CA 92620

Phone: (949)333-7777

Fax: (949)333-7778

Documents Required:

1. Most recent year of filed taxes

2. Mortgage payoff statement

3. Most recent year of filed Business Tax Returns

4. Business: Business current list of all Assets; Profit & Loss statement; and

Business Balance Sheet

5. Domestic Support Form

Thomas H. Casey– Chapter 7 Bankruptcy Trustee in Orange County

22342 Avenida Epresa, Suite 245 Rancho Santa Margarita, CA 92688 E-mail: tomcasey@tomcaseylaw.com

Phone: (949)766-8787

Fax: (949) 766-9896

Documents Required:

1.  Most recent year of filed taxes

2.  Domestic Support Form

Karen S. Naylor –Chapter 7 Bankruptcy Trustee in Orange County

4343 Von Karman Avenue Suite 300

Newport Beach, CA 92660 Phone: (949) 748-7936

Documents Required:

1. Most recent year of filed taxes

2. Copy of property settlement if divorced within last two years

3. Most recent statement for any retirement plans, annuities, 529 plans, etc.

4. Copy of Lawsuit, Contact information of attorney for debtor; Summary of claims, status of claims, and

estimated recovery

5.  Most recent mortgage statement and proof of homeowner’s insurance

6. Most recent year of filed Business Tax Returns

7. Business: Profit & Loss statement; and Business Balance Sheet

8. Domestic Support Form

It is important that you provide your Chapter 7 Trustee with the required documents prior to your 341 hearing. If the required documents are not provided then your hearing may be continued. If you fail to provide the required documents your case may be dismissed.

If you are interested in filing for Chapter 7 bankruptcy visit us at Orange County Bankruptcy Attorney.

To learn more about what a bankruptcy trustee does in your bankruptcy you can visit the Department of Justice at: https://www.justice.gov/ust