How to File for Chapter 7 Bankruptcy » (Sixteenth Edition)

Stephen R. Elias is an attorney and former associate publisher at Nolo, as well as current President of National Bankruptcy Law Project. He is the author of many Nolo books, most recently The New Bankruptcy: Will It Work for You? Other titles include Special Needs Trusts: Protect Your Child's Financial Future, How to File for Chapter 7 Bankruptcy, and Legal Research: How to Find and Understand the Law. He is also one of the original authors/designers of Nolo's bestselling WillMaker software. Steve holds a law degree from Hastings College of Law and was a practicing attorney in California, New York and Vermont before joining Nolo in 1980. He has been featured in such major media as The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, Money magazine, and more.

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 aslo helped write How to File for Chapter 7 Bankruptcy and A Legal Guide for Lesbian and Gay Couples.

After receiving his J.D. from the University of Michigan Law School in 1985, Albin Renauer worked for various public-interest law firms in the bay area and as a staff attorney for Chief Justice Rose Bird of the California Supreme Court. He spent 17 years as an editor at Nolo, where he helped create numerous books and software programs, including the bestselling WillMaker. He also edited Law on the Net, the first online directory of legal resources and was the architect of Nolo's Webby Award winning website during the dot-com boom. Currently, Albin is an independent web and database developer and Webby Award judge. His latest project is LegalConsumer.com, an online companion to his How to File for Chapter 7 Bankruptcy designed to help debtors file for bankruptcy.

Find debt relief by filing bankruptcy with this all-in-one-book!

If you have more debt than you can possibly pay off, the bankruptcy system is there to help -- and with How to File for Chapter 7 Bankruptcy, you'll find the clear and user-friendly information, advice and forms you need to get through the entire process.

The 16th edition is revised to include the most recent forms and figures, changes to state exemption laws (which determine what property bankruptcy filers may keep), and the latest court decisions. Please note: This book does not cover business bankruptcies, farm reorganizations or individual repayment plans (Chapter 13). For Chapter 13 bankruptcy, see Nolo's Chapter 13 Bankruptcy.

Newsweek

"How to File for Chapter 7 Bankruptcy advises on everything from how to file court papers to how to respond to threats from creditors.... A do-it-yourself bankruptcy book for people who can't afford expensive lawyers."

I. Introduction
How to Use This Book
What This Book Doesn't Cover
If You Need More Help
The New Bankruptcy Law: A Work in Progress

1. Should You File for Chapter 7 Bankruptcy?
Bankruptcy in America: The Big Picture
An Overview of Chapter 7 Bankruptcy
Who Can File for Chapter 7?
Does Chapter 7 Bankruptcy Make Economic Sense?
Alternatives to Chapter 7 Bankruptcy

2. The Automatic Stay
Actions Prohibited by the Stay
When the Stay Doesn't Apply
Evictions

3. Your Property and Bankruptcy
Property in Your Bankruptcy Estate
Property That Isn't in Your Bankruptcy Estate
Property You Can Keep
Property Exemption Worksheet
Selling Nonexempt Property Before You File

4. Your House
How Bankruptcy Affects a Typical Homeowner
If You're Behind on Your Mortgage Payments
Will You Lose Your Home?
Ways to Prevent the Loss of Your House

5. Secured Debts
Secured Debts
What Chapter 7 Bankruptcy Does to Secured Debts
Ways to Deal With Secured Debts in Bankruptcy
Choosing the Best Options
Step-by-Step Instructions

6. Complete and File Your Bankruptcy Paperwork
Gather the Necessary Documents
Get Some Information From the Court
For Married Filers
Required Forms and Documents
Form 1 -- Voluntary Petition
Form 6 -- Schedules
Form 7 -- Statement of Financial Affairs
Form 8 -- Chapter 7 Individual Debtor's Statement of Intention
Form 21 -- Statement of Social Security Number
Form 22A -- 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
How toFile Your PapersAfter You File

7. Handling Your Case in Court
Routine Bankruptcy Procedures
Amending Your Bankruptcy Papers
Filing a Change of Address
Special Problems

8. Life After Bankruptcy
Newly Acquired or Discovered Property
Newly Discovered Creditors
Postbankruptcy Attempts to Collect Debts
Attempts to Collect Clearly Discharged Debts
Attempts to Revoke Your Discharge
Postbankruptcy Discrimination
Rebuilding Credit

9. Which Debts Are Discharged
Debts That Will Be Discharged in Bankruptcy
Disputes Over Dischargeability

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

Glossary

Appendixes

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