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"California Chapter 7"

Liquidation of debts according to 11 U.S.C. 701, et seq., through the federal court system. All California Chapter 7 cases must be filed in federal court.

11 U.S.C. §727: "The court shall grant the debtor a discharge, unless "Notice the mandatory language within the statute providing discharge. All requests for discharge must be granted, based upon the request of a debtor, "unless" the trustee, a creditor, the court upon it's own motion, or an interested party proves the debtor is not entitled to relief."

The California Bankruptcy Courts adopted new statutory limits (dollar amounts) within Title 11 of the U.S. Code.  Section 109(e) - the allowable debt limit for unsecured debt is increased to $307,675. The allowable debt limit for secured liabilities is increased to $922,975. The minimum aggregate claims need to commence an involuntary petition under Section 303(b) is increased to $12,300. Exemptions provided by Section 522 are also increased. The maximum value of homestead equity that may be claimed is increased to $18,450. Other exemption increases include paragraphs (2) through (8). Luxury goods and services obtained within 60 days before filing are nondischargeble, if exceeding the newly amended amount of $1,225. These amounts are adjusted automatically by California bankruptcy courts every three years.

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California Bankruptcy, California Bankruptcy Laws, California Bankruptcy Courts, Bankruptcy Lawyers FAQ, The information contained herein is not legal advice. California bankruptcy law summaries are provided as general information only. The California Bankruptcy Court Directory contains contact information and jurisdictional coverage by county, The California bankruptcy lawyer directory also includes state and county bar association referral information, as well as jurisdiction and filing tips for Anaheim, Bakersfield, Chula Vista, Fremont, Fresno, Garden Grove, Glendale, Huntington, Long Beach, Los Angeles, Modesto, Oakland, Oxnard, Riverside, Sacramento, San Bernardino, San Diego, San Jose, Santa Ana, and Stockton. Content protected - California Bankruptcy Laws, Courts & Lawyers - © Copyright 1998 through 2008, all rights reserved.