The New Bankruptcy: Will It Work for You? » (New 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.

Considering bankruptcy? Get the facts and find out how bankruptcy could work for you.

Bankruptcy laws have changed, and figuring out how to use them effectively is harder than ever. For plain-English guidance you can trust, turn to The New Bankruptcy.

Get the clear-cut answers, information and strategies you need to figure out whether bankruptcy is the right solution for your debt problems.

Eric Tyson

"Authoritative, comprehensive and packed with helpful advice and useful information, including state-specific details."--(Eric Tyson, best-selling author of Personal Finance for Dummies and Mind Over Money)

Introduction
The New Bankruptcy Law: A Work in Progress
1. What Is Bankruptcy?
Types of Bankruptcy
How Bankruptcy Stops Collection Efforts
The Bankruptcy Trustee
Changes to the Bankruptcy Laws
2. Who Can File for Bankruptcy
Credit Counseling
Calculating Your Income Status
Chapter 7 Eligibility Requirements
Chapter 13 Eligibility Requirements
3. How Bankruptcy Affects Your Debts
Debts That Will Be Discharged in Bankruptcy
Debts That Survive Chapter 7 Bankruptcy
Debts That Survive Chapter 13 Bankruptcy
Debts Discharged Only Under Chapter 13
How Joint Debts Are Handled
4. Your Property and Bankruptcy
Your Bankruptcy Estate
Inventory Your Property
Value Your Property
Understanding Exemptions
5. Your Home
Homeowners Filing for Bankruptcy Under Chapter
Homeowners Filing for Bankruptcy Under Chapter 13
Renters Filing for Bankruptcy
6. What Happens to Property That Secures a Loan
What Are Secured Debts?
How Secured Debts Are Handled in Chapter 7 Bankruptcy
Eliminating Liens in Chapter 7 Bankruptcy
How Secured Debts Are Handled in Chapter 13 Bankruptcy
7. Your Credit Cards
If Your Balance Is Zero
If You Owe Money but Are Current
If You Are in Default
8. Your Job, Freedom, and Self-Respect
Will You Lose Your Self-Respect?
Will You Lose Your Job?Effect of Bankruptcy on Job Applicants
Other Forms of Discrimination Because of Bankruptcy
Effect of Bankruptcy on Child Custody
Effect of Bankruptcy on Your Freedoms
9. Bankruptcy Forms and Procedures
The Means Test
Challenges for Abuse
Valuation Hearings
Common Chapter 7 Motions and Proceedings
Converting From OneChapter to Another
Potential Problems in Chapter 13
Filling Out the Bankruptcy Forms
10. Getting Help With Your Bankruptcy
Debt Relief Agencies
Bankruptcy Lawyers
Bankruptcy Petition Preparers
Books and Internet Resources
11. Alternatives to Bankruptcy
Do Nothing
Negotiate With Your Creditors
Get Outside Help to Design a Repayment Plan
File for Chapter 11 Bankruptcy
File for Chapter 12 Bankruptcy
Glossary
Appendixes
A. Federal and State Exemption Tables
B. Charts and Worksheets
Median Family Income
Worksheet A: Current Monthly Income
Worksheet B: Allowable Monthly Expenses
Worksheet C: Monthly Disposable Income
Worksheet D: The Means Test
Worksheet E: Personal Property Checklist
Worksheet F: Property Value Schedule
C. Sample Bankruptcy Forms
Form 1, Voluntary Petition
Form 6, Summary of Schedules
Form 6, Statistical Summary of Certain Liabilities
Form 6, Schedule A -- Real Property
Form 6, Schedule B -- Personal Property
Form 6, Schedule C -- Property Claimed as Exempt
Form 6, Schedule D -- Creditors Holding Secured Claims
Form 6, Schedule E -- Creditors Holding Unsecured Priority Claims
Form 6, Schedule F -- Creditors Holding Unsecured Nonpriority Claims
Form 6, Schedule G -- Executory Contracts and Unexpired Leases
Form 6, Schedule H -- Codebtors
Form 6, Schedule I -- Current Income of Individual Debtor(s)
Form 6, Schedule J -- Current Expenditures of Individual Debtor(s)
Form 6, Declaration Concerning Debtor's Schedules
Form 7, Statement of Financial Affairs
Form B22A, Statement of Current Monthly Income and Means Test Calculation
Form 8 -- Chapter 7 Individual Debtor's Statement of Intention
Form 21, Statement of Social Security Number
Creditor Matrix Cover Sheet
Creditor Mailing Matrix
Index