How To File For Chapter 7 Bankruptcy

by Elias, Stephen

• ISBN13: 9781413304510
• ISBN10: 1413304516
• Edition: 13th
• Format: Paperback
• Copyright: 2006-05-25
• Publisher: Nolo

Summary

Every year, more than a million people file for bankruptcy. This book provides a clear and complete overview of the bankruptcy process and includes step-by-step instructions and all the forms necessary to file.

Author Biography

Stephen R. Elias is an attorney and associate publisher at Nolo.com. He is the author of many Nolo titles, including: How to File for Chapter 7 Bankruptcy, Trademark, and Legal Research. Steve has been interviewed by major media including The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, and Money Magazine. Albin Renauer received his J.D. in 1985 from the University of Michigan Law School and served on the Michigan Law Review. He worked for various public-interest law firms and for the California Supreme Court before coming to Nolo, where he has edited several books and software packages. Attorney Robin Leonard is the author of many Nolo books including Solve Your Money Troubles, Credit Repair, and Take Control of Your Student Loan Debt and co-author of How to File for Chapter 7 Bankruptcy and A Legal Guide for Lesbian and Gay Couples.

Table of Contents

Introduction
How to Use This Book	2	(2)
What This Book Doesn't Cover	4	(1)
If You Need More Help	5	(1)
The New Bankpruptcy Law: A Work in Progress	6	(3)
Should You File for Chapter 7 Bankruptcy?
Bankruptcy in America: The Big Picture	9	(1)
An Overview of Chapter 7 Bankruptcy	10	(7)
Who Can File for Chapter 7?	17	(5)
Does Chapter 7 Bankruptcy Make Economic Sense?	22	(5)
Alternatives to Chapter 7 Bankruptcy	27	(7)
The Automatic Stay
Actions Prohibited by the Stay	34	(1)
When the Stay Doesn't Apply	35	(2)
Evictions	37	(5)
Your Property and Bankruptcy
Property in Your Bankruptcy Estate	42	(5)
Property That Isn't in Your Bankruptcy Estate	47	(1)
Property You Can Keep	48	(12)
Selling Nonexempt Property Before You File	60	(6)
Your House
How Bankruptcy Affects a Typical Homeowner	66	(2)
If You're Behind on Your Mortgage Payments	68	(3)
Will the Trustee Sell Your Home?	71	(7)
Ways to Prevent the Loss of Your House in Bankruptcy	78	(4)
Secured Debts
Secured Debts	82	(3)
What Chapter 7 Bankruptcy Does to Secured Debts	85	(1)
Ways to Deal With Secured Debts in Bankruptcy	86	(9)
Choosing the Best Options	95	(4)
Step-by-Step Instructions	99	(22)
Complete and File Your Bankruptcy Paperwork
Gather the Necessary Documents	121	(2)
Get Some Information From the Court	123	(2)
For Married Filers	125	(1)
Required Forms and Documents	126	(3)
Form 1---Voluntary Petition	129	(6)
Form 6---Schedules	135	(40)
Form 7---Statement of Financial Affairs	175	(11)
Form 8---Chapter 7 Individual Debtor's Statement of Intention	186	(3)
Form 21---Statement of Social Security Number	189	(1)
Form B22A---Statement of Current Monthly Income and Means Test Calculation	189	(13)
Form B201: Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code	202	(1)
Mailing Matrix	202	(1)
How to File Your Papers	202	(2)
After You File	204	(4)
Handling Your Case in Court
Routine Bankruptcy Procedures	208	(9)
Amending Your Bankruptcy Papers	217	(4)
Filing a Change of Address	221	(1)
Special Problems	221	(13)
Life After Bankruptcy
Newly Acquired or Discovered Property	234	(1)
Newly Discovered Creditors	235	(1)
Post-Bankruptcy Attempts to Collect Debts	236	(2)
Attempts to Collect Clearly Discharged Debts	238	(1)
Attempts to Revoke Your Discharge	239	(1)
Post-Bankruptcy Discrimination	239	(1)
Rebuilding Credit	240	(6)
Which Debts Are Discharged
Debts That Will Be Discharged in Bankruptcy	246	(1)
Debts That Survive Chapter 7 Bankruptcy	247	(8)
Disputes Over Dischargeability	255	(7)
Help Beyond the Book
Debt Relief Agencies	262	(2)
Bankruptcy Petition Preparers	264	(2)
Bankruptcy Lawyers	266	(4)
Legal Research	270
Glossary
Appendixes
State and Federal Exemption Tables
Worksheets and Charts
Tear-Out Forms
Index