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Bankruptcy : Is It the Right Solution to Your Debt Problems?,9780873379731

Bankruptcy : Is It the Right Solution to Your Debt Problems?

by
Edition: 2nd
Format: Paperback
Pub. Date: 2/1/2004
Publisher(s): Nolo
Availability: This title is currently not available.

Summary

Veteran Nolo author and consumer debt expert Robin Leonard explains all of the options available to people with an unmanageable debt burden. Filled with clear-cut answers and practical suggestions, the book reassures readers concerned about: - wiping out all of their debts - losing their house - keeping their car and other property - retaining their credit cards - losing their job - losing custody of their children - going to jail- and much more.Written in plain English, Bankruptcy examines the pros and cons of filing for bankruptcy, discusses its possible repercussions, outlines the differences among various kinds of bankruptcy--Chapters 7, 11, 12 and 13--and proposes several alternatives to filing. Includes sample, completed bankruptcy forms.

Author Biography

Attorney Robin Leonard, an expert on personal finance and credit, is the author or co-author of Money Troubles, Take Control of Your Student Loan Debt, How to File for Chapter 7 Bankruptcy and other Nolo books.

Table of Contents

1. What Is Bankruptcy?
A. Types of Bankruptcies
1/6(1)
1. Chapter 7 Bankruptcy
1/7(1)
2. Chapter 13 Bankruptcy
1/9(1)
3. Reasons to Choose One Type of Bankruptcy Over the Other
1/12(1)
B. Filing for Bankruptcy Stops Your Creditors
1/14(1)
1. The Automatic Stay
1/14(1)
2. Exceptions to the Automatic Stay
1/15(1)
3. Lifting the Automatic Stay
1/16(1)
C. The Bankruptcy Trustee
1/17(1)
1. Chapter 7 Trustee
1/18(1)
2. Chapter 13 Trustee
1/20(1)
D. The Meeting of Creditors
1/21(1)
1. Chapter 7 Meeting of Creditors
1/21(1)
2. Chapter 13 Meeting of Creditors
1/23(1)
2. Who Can File for Bankruptcy?
A. Chapter 7 Eligibility Requirements
2/2(1)
1. You Must Be an Individual (or Married Couple) or Small Business Owner
2/2(1)
2. You Haven't Had a Previous Bankruptcy Discharge
2/3(1)
3. You Aren't Barred by a Previous Bankruptcy Dismissal
2/3(1)
4. You Couldn't Pay Off Your Debts Outside of Chapter 7
2/4(1)
5. You've Been Honest With Your Creditors
2/4(1)
B. Chapter 13 Eligibility Requirements
2/5(1)
1. Businesses Can't File for Chapter 13 Bankruptcy
2/5(1)
2. You Must Have Stable and Regular Income
2/6(1)
3. You Must Have Disposable Income
2/6(1)
4. Your Proposed Payments Must Equal the Value of Your Nonexempt Assets
2/6(1)
5. All Your Disposable Income Must Be Devoted to the Plan
2/7(1)
6. Your Plan Must Pay 100% of Certain Debts
2/7(1)
7. Your Proposed Budget Must Be Reasonable
2/7(1)
8. Your Debts Must Not Be Too High
2/8(1)
3. Will I Wipe Out My Debts?
A. Debts You Will Still Owe After Chapter 7 Bankruptcy
3/2(1)
1. Debts Not Dischargeable Unless an Exception Applies
3/3(1)
2. Debts Discharged Unless the Creditor Objects
3/9(1)
B. Debts You Will Still Owe After Chapter 13 Bankruptcy
3/13(1)
C. Bankruptcy and Joint Debtors
3/13(1)
1. Cosigners and Guarantors
3/13(1)
2. Spouse
3/15(1)
3. Business Partners
3/17(1)
4. Will I Lose My House or Apartment?
A. Homeowners Filing for Bankruptcy
4/2(1)
1. If You're Current on Your Mortgage Payments
4/3(1)
2. If You're Behind on Your Mortgage Payments
4/8(1)
B. Renters Filing for Bankruptcy
4/12(1)
5. Can I Keep My Car and Other Property?
A. Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy
5/2(1)
B. What Property Is Affected by Bankruptcy
5/3(1)
1. What's in Your Bankruptcy Estate
5/4(1)
2. What Property You Can Keep
5/6(1)
C. What Happens to Property That Secures a Debt
5/14(1)
1. Surrender the Property
5/16(1)
2. Eliminate Liens in Bankruptcy
/516
3. Redeem the Property
5/17(1)
4. Reaffirm a Debt
5/18(1)
5. Keep the Property Without Reaffirming or Redeeming
5/18(1)
6. Can I Keep My Credit Cards?
A. Your Balance Is Zero
6/2(1)
B. You Owe Money But Are Current
6/4(1)
C. You Are in Default
6/6(1)
D. Your Creditors Claim Fraud
6/6(1)
7. Will I Lose My Job, Children, Freedom, or Self-Respect?
A. Will I Lose My Job?
7/2(1)
B. Can I Be Discriminated Against?
7/3(1)
C. Will I Lose Custody of My Children?
7/4(1)
D. Will I Lose My Freedom?
7/4(1)
E. Will I Lose My Self-Respect?
7/6(1)
8. Is It Too Hard to File?
A. Filling Out the Bankruptcy Forms
8/2(1)
B. Going to Court in a Chapter 7 Bankruptcy
8/44(1)
1. Hearing on Relief From Stay
8/44(1)
2. Dischargeability Hearing
8/45(1)
3. Dismissal for Substantial Abuse
8/45(1)
4. Discharge Hearing
8/45(1)
C. Going to Court in a Chapter 13 Bankruptcy
8/46(1)
1. Confirmation Hearing
8/46(1)
2. Valuation Hearing
8/49(1)
3. Hearing on Relief From Stay
8/49(1)
4. Discharge Hearing
8/50(1)
D. Bankruptcy Petition Preparers
8/50(1)
E. Bankruptcy Lawyers
8/52(1)
1. What a Lawyer Can Do for You
8/52(1)
2. How to Find a Bankruptcy Lawyer
8/53(1)
3. What to Look for in a Lawyer
8/54(1)
4. What Bankruptcy Attorneys Charge
8/55(1)
9. Will I Be Able to Get Credit in the Future?
A. Rebuilding Your Credit
9/2(1)
1. Keep Your Credit File Accurate
9/2(1)
2. Get Positive Information Into Your Credit File
9/3(1)
B. Where You May Run Into Problems
9/5(1)
10. Can Some Alternative Outside of Bankruptcy Do the Trick?
A. Do Nothing
10/2(1)
B. Negotiate With Your Creditors
10/5(1)
C. Get Outside Help to Design a Repayment Plan
10/6(1)
D. File for Chapter 11 Bankruptcy
10/10(1)
E. File for Chapter 12 Bankruptcy
10/11(1)
11. Possible New Bankruptcy Laws
A. Bankruptcy May Become More Difficult and Expensive
11/3(1)
B. New "Means Test" to Qualify for Chapter 7
11/3(1)
C. Strict Expense Guidelines for Chapter 13
11/5(1)
D. Longer Chapter 13 Bankruptcies
11/5(1)
E. Mandatory Credit Counseling
11/5(1)
F. Less Protection From the Automatic Stay
11/5(1)
G. More Debts That Can't Be Discharged
11/6(1)
H. More Time Required Between Bankruptcies
11/7(1)
I. New Tax Return Requirements
11/7(1)
J. Homestead Exemption Limit
11/8
Appendix A: Checklist
Appendix B: State and Federal Exemption Tables
Index

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