Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time » (Ninth Edition)

Robin Leonard is a former attorney who gave up the law to become a rabbi. She is the author of many Nolo books including Money Troubles: Legal Strategies to Cope with Your Debts and Credit Repair. She also helped write How to File for Chapter 7 Bankruptcy and A Legal Guide for Lesbian and Gay Couples.

Reduce your debts, save your property -- and start over!
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? This book will show you how to save your house, car and other assets with Chapter 13 Bankruptcy. It lets you cancel your debts and pay off the rest with an affordable repayment plan.

And now you can avoid attorney fees and do it yourself -- let Chapter 13 Bankruptcy show you how to:

determine if you qualify for Chapter 13

stop a house foreclosure

estimate monthly payments

devise an acceptable repayment plan

complete and file forms

make up missed mortgage payments

pay off other debts

represent yourself before a bankruptcy judge or trustee

staff attorney, National Consumer Law Center and co-author, Consumer Bankruptcy Law and Practice - Gary Klein

This is the best book going if you choose to file alone or if you want background on the Chapter 13 process.

Part I

1. How Chapter 13 Works
An Overview of Chapter 13 Bankruptcy
Which Debts Are Discharged in Chapter 13 Bankruptcy
Is Chapter 13 Right for You?
Alternatives to Bankruptcy

2. The Automatic Stay
How Long the Stay Lasts
How the Stay Affects Common Collection Actions
How the Stay Affects Actions Against Codebtors
When the Stay Doesn't Apply
Evictions

3. Are You Eligible to Use Chapter 13?
Prior Bankruptcy Discharges May Postpone Your Chapter 13 Discharge
Business Entities Can't File for Chapter 13 Bankruptcy
Your Debts Must Not Be Too High
You Must Be Current on Your Income Tax Filings
You Must Keep Making Your Child Support and Alimony Payments
You Must File Annual Income and Expense Reports
Your Proposed Repayment Plan Must Pay All Required Debts
Your Proposed Payments Must Equal the Value of Your Nonexempt Assets
You Must Participate in an Approved Personal Financial Management Course

4. Do You Have to Use Chapter 13?
Can You Pass the Means Test?
Forced Conversion to Chapter 13

5. Can You Propose a Plan the Judge Will Approve?
If Your Current Monthly Income Is Less Than Your State's Median Income
If Your Current Monthly Income Is More Than Your State's Median Income
Understanding Property Exemptions

6. Making the Decision

Part II

7. Complete Your Bankruptcy Forms
Get Some Information From the Court
Required Forms
For Married Filers
Form 1 -- Voluntary Petition
Form 6 -- Schedules
Form 7 -- Statement of Financial Affairs
Form 21 -- Statement of Social Security Number
Form B22C -- Statement of Current Monthly Income and Means-Test Calculation
Form B201 -- Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code
Mailing Matrix
Income Deduction Order

8. Drafting Your Plan
Chapter 13 Plan Formats
What Your Plan Must Pay -- And to Whom
Repayment of Unsecured Debts: Allowed Claims
A Model Plan Format
Sample Plan

9. Filing Your Bankruptcy Papers
Gather the Necessary Documents
Get Filing Information From the Court
How to File Your Papers
After You File

10. Handling Routine Matters After You File
The Automatic Stay
Dealing With the Trustee
Make Your First Payment
Keep Your Business Going
The Meeting of Creditors
Modifying Your Plan Before the Confirmation Hearing
The Confirmation Hearing
Modifying Your Plan After the Confirmation Hearing
Amending Your Bankruptcy Forms
Filing a Change of Address
Filing Tax Returns
Filing Annual Income and Expense Statements
Personal Financial Management Counseling

Part III

11. Handling Legal Issues
Filing Motions
Dealing With Creditors' Motions
If an Unsecured Creditor Objects to Your Plan
Handling Creditors' Claims
Asking the Court to Eliminate Liens

12. Carrying Out Your Plan
Making Plan Payments
Selling Property
Modifying Your Plan When Problems Come Up
Attempts to Revoke Your Confirmation
When You Complete Your Plan

13. If You Cannot Complete Your Plan
Dismiss Your Case
Convert Your Case to Chapter 7 Bankruptcy
Seek a Hardship Discharge

14. Life After Bankruptcy
Rebuilding Your Credit
Attempts to Collect Clearly Discharged Debts
Postbankruptcy Discrimination
Attempts to Revoke Your Discharge

15. Help Beyond the Book
Debt Relief Agencies
Bankruptcy Petition Preparers
Bankruptcy Lawyers
Legal Research

Glossary

Appendixes
1. State and Federal Exemption Charts
2. Tear-Out Forms
3. Charts
Index