Once you call a bankruptcy attorney in Dublin, CA, the first month usually follows a predictable rhythm: a consultation, a burst of document gathering, a short credit counseling course, a decision between Chapter 7 and Chapter 13, and then the filing itself. This week-by-week walkthrough shows what happens and what you can do to keep things moving.
If something urgent is already scheduled, such as a court date or a foreclosure sale, say so on your very first call. Call Bob Somal at (415) 754-0115 to schedule a free consultation, or send the details through our contact page.
Days 1 to 3: the first conversation
The first contact is about triage. Before anything else, an attorney wants to know whether a deadline could hurt you before a case can be prepared. Common examples for Dublin residents include:
- A summons from a creditor lawsuit, which generally must be answered within 30 days of service in California
- An earnings withholding order already taking money from your paycheck
- A bank levy that has frozen your checking account
- A notice of trustee's sale on a home in Dublin Ranch, Positano or one of Dublin's older neighborhoods
If a deadline is close, the timeline compresses. If it is not, the next few weeks are about getting the facts right.
What the consultation covers
Expect questions about your household size, income, debts, property and any recent transfers. By the end, you should understand which chapter appears to fit and what the attorney still needs from you.
Week 1: gathering documents for a bankruptcy attorney in Dublin, CA
This is the part people dread, but it is mostly a checklist. Your attorney will typically ask for:
- Pay stubs or other income proof covering the six calendar months before filing, for the means test
- Federal and state tax returns, usually the most recent two years
- Bank and investment statements
- Mortgage, car loan and HOA statements
- Credit card and collection letters, plus a recent credit report
- Retirement account statements
- Photo ID and proof of your Social Security number
Tips that save time
- Download statements as PDFs rather than photographing paper copies.
- Pull a credit report so no creditor is forgotten; unlisted debts cause problems later.
- Write down any gifts, sales or loan repayments to relatives over the last few years. Trustees look closely at these.
If you are married but only one spouse is filing, the other spouse's income records are still needed for the means test.
Week 2: the credit counseling requirement
Federal law requires individuals to complete a credit counseling briefing from an agency approved by the U.S. Trustee Program within the 180 days before filing. It is usually done online or by phone and takes a short session. You receive a certificate, and your attorney files it with the petition.
Why timing matters
If the certificate is dated more than 180 days before the filing date, it does not count and the course has to be repeated. That is why attorneys often ask clients to complete it once documents are mostly in hand.
Week 2 to 3: choosing a chapter
With real numbers in front of them, you and your attorney can make the call.
Chapter 7
Usually the faster route. It fits when income passes the means test and your property is protected by California exemptions. Most unsecured debt can be discharged, typically a few months after filing.
Chapter 13
A three-to-five-year repayment plan. It is often chosen when a homeowner is behind on the mortgage, when equity exceeds exemptions, or when income is too high for Chapter 7.
The exemption system decision
Alongside the chapter, your attorney chooses between California's two exemption systems. System 1 includes the larger homestead exemption and tends to suit homeowners; System 2 has a wildcard that can suit renters with savings or a vehicle. You must pick one, and married couples generally have to agree on it. Our guide to bankruptcy exemptions in California explains the differences.
Weeks 3 to 4: reviewing and filing the petition
Your attorney prepares the petition, schedules of assets and debts, statement of financial affairs and means test forms. You review every page before signing, because you are declaring under penalty of perjury that everything is true and complete.
What changes on filing day
The case is filed electronically with the U.S. Bankruptcy Court for the Northern District of California, and Dublin cases go to the Oakland division. The automatic stay begins immediately. Creditors generally must stop calling, garnishments stop, and pending lawsuits and foreclosure sales are put on hold. If you filed another case within the past year, the stay may be limited, so mention any earlier filing at the start.
After day 30: what comes next
About three to six weeks after filing, you attend the meeting of creditors, often by video. You provide the trustee with your most recent tax return before that meeting and complete a financial management course before discharge. Our article on what happens at the 341 meeting explains the questions you can expect.
The Somal Law Firm, led by Bob Somal, Esq., is based in Pleasanton, just across I-580 from Dublin. Along with bankruptcy, the firm's practice areas include foreclosure defense, creditor negotiations and IRS disputes, which helps when a case touches more than one of those problems.
Frequently asked questions
Can a Dublin bankruptcy be filed faster than 30 days?
Yes. When a sale date or garnishment is imminent, an attorney can sometimes file a shorter initial petition and submit the remaining schedules within the time the rules allow.
Should I stop paying my credit cards once I call an attorney?
That is a question to ask your attorney directly, because the answer depends on which debts you plan to keep and what you intend to reaffirm.
Will my employer find out?
Usually not. If a garnishment is in place, the employer learns of the case because the withholding has to stop. Filings are public records, but employers are not routinely notified, and federal law bars an employer from firing someone solely for filing bankruptcy.
Your first call is where the 30-day clock starts. Bob Somal will identify any urgent deadline, tell you what documents to pull together and explain your realistic options. Call (415) 754-0115 to book a free consultation, or use our contact page.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.