Consumer Bankruptcy : The Complete Guide to Chapter 7 and Chapter 13 Personal Bankruptcy

by Sommer, Henry J.

• ISBN13: 9780471585275
• ISBN10: 0471585270
• Edition: 1st
• Format: Paperback
• Copyright: 1994-02-09
• Publisher: Wiley

Summary

Maximize your bankruptcy filing benefits. If you have to file a personal bankruptcy case, you can find the accessible, authoritative guidance you'll need to do it right in order to get the fresh start you deserve. One of America's top bankruptcy lawyers, Henry J. Sommer, clearly and carefully takes you through the process of filing under chapter 7 and chapter 13...helps you determine which course is better...alerts you to the legal protections you enjoy under the sweeping Bankruptcy Code...assists you in getting the right legal counsel...and helps remove concern about the stigma associated with bankruptcy. This plain-English version of Sommer's definitive manual, Consumer Bankruptcy Law and Practice, provides you with a lucid overview of how bankruptcy works, then helps you: Determine if bankruptcy is finally the best path for you to take Select an alternative means of financial restoration if it is not Understand the myriad forms involved when filing Prepare for the sometimes complex proceedings once the paperwork is done Effectively use such "shields" as automatic stays and exemption provisions Capitalize on the many advantages of using bankruptcy court as a forum Work more wisely with your attorney-and much, much more! Along the way, Consumer Bankruptcy dispels many of the tired myths surrounding bankruptcy, highlights many of its hidden advantages, assists you in devising a workable fee arrangement with your lawyer, and even alerts you to the rights you have as a creditor if you choose to make a claim against a business in bankruptcy.

Author Biography

HENRY J. SOMMER is head of the Consumer Law Project at Community Legal Services, Inc. Of Philadelphia, Pennsylvania. He has served as Lecturer in Law at the University of Pennsylvania Law School, where he taught an advanced seminar on bankruptcy practice and theory. He is the author of Consumer Bankruptcy Law and Practice, now in its fourth edition, which is published by the National Consumer Law Center in Boston, Massachusetts, and has taught courses on bankruptcy to attorneys and judges around the country.

Table of Contents

Part I. Overview of Bankruptcy	1	(38)
What Is Bankruptcy?	3	(14)
Chapter 7 Bankruptcy (Straight Bankruptcy): The Basic Steps	17	(10)
Chapter 13 Bankruptcy: The Basic Steps	27	(12)
Part II. Bankruptcy Step by Step	39	(80)
Knowing All the Facts about Your Financial Picture	41	(12)
Does Bankruptcy Provide the Best Solution?	53	(28)
The Bankruptcy Forms	81	(18)
After the Papers Are Filed	99	(20)
Part III. Legal Issues in Bankruptcy	119	(170)
Automatic Stays and Turnover of Property	121	(20)
Exemptions	141	(30)
Dealing with Secured Creditors	171	(18)
Issues Arising in Chapter 13 Cases	189	(26)
Other Types of Litigation in the Bankruptcy Court	215	(12)
The Bankruptcy Discharge: Protecting It and Using It	227	(42)
Attorneys and Their Fees in Consumer Bankruptcy Cases	269	(12)
Consumers' Rights in Business Bankruptcy Cases	281	(8)
Appendix A: Major State and Local Exemptions Available in Bankruptcy	289	(18)
Appendix B: Official Consumer Bankruptcy Forms	307	(22)
Index	329