Can Personal Loans Be Included in Bankruptcy in California?

Yes, personal loans can be included in bankruptcy in California, and they are usually dischargeable. This includes personal loans from banks, credit unions, friends, family, or employers. Unsecured personal loans, which are loans not backed by collateral, are eligible for discharge in both Chapter 7 and Chapter 13 bankruptcies.

Filing bankruptcy in California involves understanding the types of debt dischargeable, assets and exemptions, eligibility criteria, credit impact, costs, legal procedures, and the role of a bankruptcy lawyer in guiding individuals through the process.

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Top FAQs About Personal Loans and Bankruptcy in California

Can personal loans be discharged in bankruptcy?
Yes, personal loans can be discharged in bankruptcy, especially unsecured ones like credit card debt and medical bills under Chapter 7 bankruptcy, but secured loans may require surrendering collateral or reaffirming the debt.
What is the difference between secured and unsecured personal loans in a bankruptcy context?
In a bankruptcy context, the main difference between secured and unsecured personal loans is the presence of collateral. Secured loans are backed by collateral, which can be claimed by the lender if payments are not made, while unsecured loans do not have collateral. Unsecured debts are often discharged in bankruptcy, while failing to make payments on secured debts may lead to the loss of collateral.
Are there any debts that cannot be discharged through bankruptcy?
Yes, debts like alimony, child support, student loans, and specific tax obligations generally cannot be discharged through bankruptcy.
How can I rebuild my credit after filing for bankruptcy?
To rebuild your credit after filing for bankruptcy, you can obtain secured credit cards, use credit-builder loans, keep credit utilization low, make timely payments, regularly review credit reports, and consider becoming an authorized user on a stable account. These steps can contribute to improving your creditworthiness and financial stability.
WWhy is it important to work with a bankruptcy attorney when dealing with personal loans in bankruptcy?
Working with a bankruptcy attorney when dealing with personal loans in bankruptcy is important because they ensure accurate documentation, provide expert financial advice, and help navigate the complex process, ultimately leading to the best possible financial outcome.

What Happens If You Cosign a Loan and the Other Person Doesn’t Pay?

Cosigning a loan can be a helpful way to assist a friend or family member in securing financing. But what happens if you cosign a loan and the other person doesn’t pay?

Failing to pay a cosigned loan on time harms both parties. The lender reports late payments to credit bureaus, lowering both credit scores. The cosigner must cover missed payments and may face collection actions or legal consequences. This can damage relationships and impact future loan approvals.

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How To Stop Wage Garnishment in California

If wage garnishment makes it difficult to afford your essential living costs, you can request a Claim of Exemption from the court to either lower or eliminate the garnishment. This process demonstrates that the withheld amount jeopardizes your ability to meet essential needs.

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FAQs About Stopping Wage Garnishment in CA

Can You Stop Garnishment Once It Starts?
Yes, by filing a Claim of Exemption, negotiating with creditors, or filing for bankruptcy.
What Funds Are Exempt From Wage Garnishment?
Social Security, disability benefits, and public assistance are fully exempt.
How Much of My Wages Can Be Garnished?
For most debts, up to 25% of disposable income can be garnished. For child or spousal support, garnishment can reach 50%-60%.
What Happens if I File for Bankruptcy?
Bankruptcy imposes an automatic stay, immediately stopping wage garnishment.
How Long Does It Take to Stop Garnishment?
•Filing a Claim of Exemption: 10-30 days.

•Bankruptcy: Immediate upon filing.
What Are the Common Mistakes to Avoid When Filing a Claim of Exemption?
Avoiding common errors when filing a Claim of Exemption ensures your request is not delayed or denied:


Incomplete Forms: Ensure all sections of WG-006 and WG-007/EJ-165 are filled out correctly.

Missing Supporting Documents: Include pay stubs, bills, and a detailed financial statement to substantiate your claim.

Late Filing: Submit your forms promptly to the levying officer, usually within 10 days of receiving the garnishment notice.

Failing to Prepare for Opposition: Be ready for a court hearing if the creditor disputes your claim.


Attention to detail and prompt action can significantly improve the likelihood of approval.
Can a Wage Garnishment Be Reinstated After Being Stopped?
Yes, wage garnishment can be reinstated if:





The Debt Remains Unpaid: If the original debt isn’t resolved after a temporary stoppage.



A New Judgment Is Secured: Creditors may file for a new judgment after correcting procedural errors or reapplying.



Bankruptcy Protection Ends: Once a Chapter 13 repayment plan is complete, creditors may resume garnishment for debts not fully discharged.

To prevent reinstatement, resolve the debt entirely or maintain compliance with bankruptcy repayment terms.

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