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Title:
Chapter 13 bankruptcy : repay your debts
Author:
Leonard, Robin.
Personal Author:
Edition:
Fourth edition.
Publication Information:
Berkeley, CA : Nolo Press, 1999.
Physical Description:
1 volume (various pagings) : forms ; 28 cm
General Note:
Includes index.
Language:
English
Subject Term:
ISBN:
9780873375016
Format :
Book
Available:*
Library | Call Number | Material Type | Home Location | Status |
|---|---|---|---|---|
| Central Library | KF1524.6 .L46 1999 | Adult Non-Fiction | Central Closed Stacks-Oversize | Searching... |
On Order
Summary
Summary
Chapter 13 bankruptcy allows debtors to reorganize their debts into a manageable repayment plan -- without losing property. Chapter 13 Bankruptcy provides a clear overview of this reorganization process and shows people how to qualify for Chapter 13, decide if it's the right step, devise a reasonable repayment plan and file all necessary papers, either on their own or with a lawyer. It also includes a discussion of how to value collateral and choose an interest rate when writing a bankruptcy plan. Contains sample letters to creditors, tear-out forms and step-by-step instructions to fill them out and file.
Author Notes
Attorney Robin Leonard is an expert on personal finance and credit
Table of Contents
| Introduction | |
| A. The Basics of Chapter 13 Bankruptcy | p. 2 |
| B. Do You Need a Lawyer? | p. 3 |
| C. Can You Propose a Viable Plan? | p. 4 |
| 1 Should You File for Chapter 13 Bankruptcy? | |
| A. Are You Eligible for Chapter 13 Bankruptcy? | p. 2 |
| B. When Chapter 13 Bankruptcy Is Better Than Chapter 7 | p. 3 |
| C. Other Alternatives | p. 6 |
| D. Converting From Chapter 7 Bankruptcy to Chapter 13 Bankruptcy | p. 9 |
| 2 An Overview of Chapter 13 Bankruptcy | |
| A. The Chapter 13 Process | p. 2 |
| B. How Much You'll Have to Repay Through the Plan | p. 3 |
| C. Your Monthly Payments | p. 4 |
| D. How Much You'll Still Owe When Your Case Is Over | p. 4 |
| E. Filing With Your Spouse | p. 6 |
| F. The Chapter 13 Trustee | p. 7 |
| G. Going to Court | p. 7 |
| 3 Adding Up Your Secured and Unsecured Debts | |
| A. Secured Debts | p. 2 |
| B. Unsecured Debts | p. 11 |
| 4 Calculating Your Disposable Income | |
| A. What You Earn | p. 2 |
| B. What You Spend | p. 6 |
| C. What's Left--Your Disposable Income | p. 10 |
| 5 Calculating the Value of Your Nonexempt Property | |
| A. Identifying Your Property | p. 2 |
| B. Listing Your Exempt and Nonexempt Property | p. 15 |
| C. Determining the Value of Your Nonexempt Property | p. 15 |
| 6 Completing the Bankruptcy Forms | |
| A. Finding the Right Bankruptcy Court | p. 3 |
| B. Before You Begin: Get Some Information From the Court | p. 3 |
| C. What Forms to File | p. 6 |
| D. Tips for Filling In the Forms | p. 6 |
| E. Form 1--Voluntary Petition | p. 8 |
| F. Form 6--Schedules | p. 12 |
| G. Form 7--Statement of Financial Affairs | p. 47 |
| H. Mailing Matrix | p. 60 |
| I. Form 21: Statement of Social Security Number | p. 61 |
| J. Income Deduction Order | p. 61 |
| 7 Writing Your Chapter 13 Bankruptcy Plan | |
| A. Chapter 13 Plan Forms | p. 3 |
| B. How Long Your Plan Will Last | p. 4 |
| C. Your Payment Schedule | p. 5 |
| D. The Order in Which Creditors Will Be Paid | p. 5 |
| E. Reducing the Trustee's Fee | p. 6 |
| F. The Order in Which Priority Debts Will Be Paid | p. 6 |
| G. Paying Back Taxes | p. 6 |
| H. Paying Mortgage Arrears | p. 8 |
| I. Paying Other Secured Debts | p. 11 |
| J. Paying Your Unsecured Creditors | p. 16 |
| K. Dealing With Contracts and Leases | p. 20 |
| L. Making Payments Directly to Creditors | p. 21 |
| M. Sample Plans | p. 21 |
| 8 Filing Your Bankruptcy Papers | |
| A. Basic Filing Procedures | p. 2 |
| B. Paying in Installments | p. 3 |
| C. Emergency Filing | p. 3 |
| 9 After You File Your Case | |
| A. The Automatic Stay | p. 3 |
| B. Dealing With the Trustee | p. 5 |
| C. Make Your First Payment | p. 6 |
| D. Keep Your Business Going | p. 6 |
| E. The Meeting of Creditors | p. 7 |
| F. Modifying Your Plan Before the Confirmation Hearing | p. 9 |
| G. Creditors' Objections to a Plan | p. 9 |
| H. The Confirmation Hearing | p. 12 |
| I. Modifying Your Plan After the Confirmation Hearing | p. 17 |
| J. Creditors' Claims | p. 17 |
| K. Asking the Court to Eliminate Liens | p. 18 |
| L. Amending Your Bankruptcy Forms | p. 26 |
| M. Filing a Change of Address | p. 27 |
| N. Dealing With Creditors' Motions | p. 28 |
| 10 After Your Plan Is Approved | |
| A. Making Plan Payments | p. 2 |
| B. Selling Property | p. 3 |
| C. Modifying Your Plan When Problems Come Up | p. 3 |
| D. Attempts to Revoke Your Confirmation | p. 5 |
| E. If You Cannot Complete Your Plan | p. 6 |
| F. When You Complete Your Plan | p. 8 |
| 11 Life After Bankruptcy | |
| A. Rebuilding Your Credit | p. 2 |
| B. Attempts to Collect Clearly Discharged Debts | p. 7 |
| C. Postbankruptcy Discrimination | p. 8 |
| D. Attempts to Revoke Your Discharge | p. 9 |
| 12 Help Beyond the Book | |
| A. Bankruptcy Lawyers | p. 2 |
| B. Bankruptcy Petition Preparers | p. 3 |
| C. The Law Library | p. 4 |
| D. Legal Resources on the Internet | p. 7 |
| Appendixes | |
| 1 State and Federal Exemption Tables | |
| 2 Addresses of Bankruptcy Courts | |
| 3 Tear-Out Forms | |
| Index |