Chapter 13 Bankruptcy : Repay Your Debts

, by Robin Leonard

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ISBN: 9780873375016 | 0873375017
Cover: Paperback
Copyright: 4/1/1999

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Summary

Author Biography

Supplemental Materials

In this compassionate and comprehensive guide, personal finance expert Attorney Robin Leonard takes the reader step-by-step through the entire Chapter 13 process. 52 illustrations.

Introduction

The Basics of Chapter 13 Bankruptcy

(1)

Do You Need a Lawyer?

(1)

Can You Propose a Viable Plan?

Should You File for Chapter 13 Bankruptcy?

Are You Eligible for Chapter 13 Bankruptcy?

(1)

Businesses Can't File for Chapter 13 Bankruptcy

(1)

You Must Have Stable and Regular Income

(1)

You Must Have Disposable Income

(1)

Your Debts Must Not Be Too High

(1)

When Chapter 13 Bankruptcy Is Better Than Chapter 7

(3)

The Basics of Chapter 7 Bankruptcy

(2)

Determining Which Is Better for You

(1)

If You Owe Back Taxes to the IRS

(1)

Other Alternatives

(3)

Do Nothing

(1)

Negotiate With Your Creditors

(1)

Get Outside Help to Design a Repayment Plan

(2)

File for ``Chapter 20'' Bankruptcy

(1)

File for Chapter 11 Bankruptcy

(1)

File for Chapter 12 Bankruptcy

(1)

Converting From Chapter 7 Bankruptcy to Chapter 13 Bankruptcy

An Overview of Chapter 13 Bankruptcy

The Chapter 13 Process

(1)

The Chapter 13 Repayment Plan

(1)

When You Can File a Chapter 13 Bankruptcy

(1)

Plan Payments

(1)

How Much You Must Pay

(1)

If You Change Your Mind

(1)

If You Can't Make Plan Payments

(1)

How Much You'll Have to Repay Through the Plan

(1)

Your Monthly Payments

(1)

How Much You'll Still Owe When Your Case Is Over

(2)

Child Support and Alimony

(1)

Student Loans

(1)

Intoxicated Driving Debts

(1)

Restitution or Criminal Fine

(1)

Filing With Your Spouse

(1)

The Chapter 13 Trustee

(1)

Working With the Chapter 13 Trustee

(1)

Paying the Chapter 13 Trustee

(1)

Going to Court

Adding Up Your Secured and Unsecured Debts

Secured Debts

(6)

Liens You Agree To: Security Interests

(3)

Liens Created Without Your Consent: Nonconsensual Liens

(2)

Total Up Your Secured Debts

(1)

Turning Secured Debts Into Unsecured Ones: Lien Avoidance

(1)

Unsecured Debts

Adding Up Your Unsecured Debts

(1)

Turning Unsecured Debts into Secured Ones

Calculating Your Disposable Income

What You Earn

(4)

Total Up Your Income

(1)

What Income Will Fund the Plan

(3)

What You Spend

(4)

What's Left--Your Disposable Income

Calculating the Value of Your Nonexempt Property

Identifying Your Property

(10)

Property You Own and Possess

(1)

Property You Own but Don't Possess

(1)

Property You Are Entitled to Receive

(1)

Property You've Recently Given Away

(1)

Property You Own With Your Spouse (If You Are Filing Alone)

(8)

Listing Your Exempt and Nonexempt Property

(1)

Determining the Value of Your Nonexempt Property

Value of Your Property (Column 2)

(1)

Your Ownership Share (Column 3)

(1)

Amount of Liens (Column 4)

(1)

Amount of Your Equity (Column 5)

(1)

Is the Property Exempt? (Column 6)

(2)

The Minimum Amount You Must Pay in Chapter 13 Bankruptcy

Completing the Bankruptcy Forms

Finding the Right Bankruptcy Court

(1)

Before You Begin: Get Some Information From the Court

(2)

Fees

(1)

Forms

(1)

Local Court Rules

(1)

Number of Copies

(1)

What Forms to File

(1)

Tips for Filling in the Forms

(1)

Form 1--Voluntary Petition

(4)

Form 6--Schedules

(31)

Schedule A--Real Property

(3)

Schedule B--Personal Property

(5)

Schedule C--Property Claimed as Exempt

(3)

Schedule D--Creditors Holding Secured Claims

(3)

Schedule E--Creditors Holding Unsecured Priority Claims

(3)

Schedule F--Creditors Holding Unsecured Nonpriority Claims

(4)

Schedule G--Executory Contracts and Unexpired Leases

(2)

Schedule H--Codebtors

(1)

Schedule I--Current Income of Individual Debtor(s)

(2)

Schedule J--Current Expenditures of Individual Debtor(s)

(2)

Summary of Schedules

(1)

Declaration Concerning Debtor's Schedules

(4)

Form 7--Statement of Financial Affairs

(12)

Mailing Matrix

(1)

Income Deduction Order

Writing Your Chapter 13 Bankruptcy Plan

Chapter 13 Plan Forms

(1)

How Long Your Plan Will Last

(1)

Fewer Than Three Years

(1)

Longer Than Three Years

(1)

Your Payment Schedule

(1)

The Order in Which Creditors Will Be Paid

(1)

Reducing the Trustee's Fee

(1)

The Order in Which Priority Debts Will Be Paid

(1)

Paying Back Taxes

(1)

Categorizing Your Federal Income Tax Debt

(1)

Interest

(1)

Penalties

(1)

Other Tax Debts

(1)

Paying Morgage Arrears

(3)

Give the House Back

(1)

Make Up Missed Payments and Reinstate the Loan

(1)

Reduce the Note to the Current Value of the House

(1)

Eliminate or Reduce Liens on the Property

(1)

Paying Other Secured Debts

(4)

Give the Property Back

(1)

Pay the Amount of the Debt or the Current Value of the Property

(1)

Make Up Missed Payments and Reinstate the Loan

(1)

Eliminate or Reduce Liens on the Property

(1)

Sell the Property

(1)

File a Chapter 7 Bankruptcy Before You File a Chapter 13 Bankruptcy

(1)

Paying Your Unsecured Creditors

(3)

How Unsecured Creditors Will Be Paid

(1)

Classifying Unsecured Creditors

(1)

Compensation on Payments

(1)

Dealing With Contracts and Leases

(1)

Making Payments Directly to Creditors

(1)

Sample Plans

Filing Your Bankruptcy Papers

Basic Filing Procedures

(1)

Paying in Installments

(1)

Emergency Filing

After You File Your Case

The Automatic Stay

(2)

Dealing With the Trustee

(1)

Reporting Expenditures or Acquisitions to the Trustee

(1)

Providing the Trustee With Proof of Insurance

(1)

Make Your First Payment

(1)

Keep Your Business Going

(1)

The Meeting of Creditors

(2)

Preparing for the Meeting of the Creditors

(1)

Getting to the Meeting of the Creditors

(1)

What Happens at the Meeting of the Creditors

(1)

Modifying Your Plan Before the Confirmation Hearing

(1)

Creditors' Objections to a Plan

(3)

The Plan Is Not Submitted in Good Faith

(1)

The Plan Is Not Feasible

(1)

The Plan Fails the Best Interest of the Creditors Test

(1)

The Plan Unfairly Discriminates

(1)

The Confirmation Hearing

(2)

Preparing for the Confirmation Hearing

(1)

Getting to the Confirmation Hearing

(1)

What Happens at the Confirmation Hearing

(1)

Issuing an Income Deduction Order

(1)

The Judge's Order Confirming Your Plan

(1)

Modifying Your Plan After the Confirmation Hearing

(3)

Creditors' Claims

(2)

Filing a Proof of Claim

(1)

Objecting to a Creditor's Claim

(2)

Asking the Court to Eliminate Liens

(8)

Avoiding a Lien

(4)

Challenging a Tax Lien

(4)

Amending Your Bankruptcy Forms

(1)

Common Amendments

(1)

How to File an Amendment

(1)

Filing a Change of Address

(1)

Dealing With Creditors' Motions

Objections to Your Eligibility for Chapter 13

(1)

Motion for ``Adequate Protection''

(1)

Motion for Relief From the Automatic Stay

(1)

Motion for Relief From the Codebtor Stay

After Your Plan Is Approved

Making Plan Payments

(1)

Including Extra Money in Your Payments

(1)

If Your Income Increases

(1)

Selling Property

(1)

Modifying Your Plan When Problems Come Up

(2)

You Miss a Payment

(1)

Your Disposable Income Goes Down

(1)

You Need to Replace Your Car

(1)

You Incur New Debt

(1)

Attempts to Revoke Your Confirmation

(1)

If You Cannot Complete Your Plan

(3)

Dismiss Your Case

(1)

Convert Your Case to Chapter 7 Bankruptcy

(1)

Seek a Hardship Discharge

(1)

When You Complete Your Plan

Debts Covered by the Discharge

(1)

The Discharge Hearing

(1)

Ending the Income Deduction Order

(1)

Debtor Rehabilitation Program

Life After Bankruptcy

Rebuilding Your Credit

(5)

Create a Budget

(1)

Keep Your Credit File Accurate

(3)

Negotiate With Current Creditors

(1)

Get a Secured Credit Card

(1)

Borrow From a Bank

(1)

Work With a Local Merchant

(1)

Attempts to Collect Clearly Discharged Debts

(1)

Postbankruptcy Discrimination

(1)

Government Discrimination

(1)

Nongovernment Discrimination

(1)

Attempts to Revoke Your Discharge

Help Beyond the Book

Bankruptcy Lawyers

(2)

How to Find a Bankruptcy Lawyer

(1)

What to Look For in a Lawyer

(1)

What Bankruptcy Attorneys Charge

(1)

Bankruptcy Petition Preparers

(1)

The Law Library

Find a Law Library

(1)

Use a Good Legal Research Resource

(1)

Use Collier on Bankruptcy

(1)

Use Other Background Resources

(1)

Find and Read Relevant Statutes

(1)

Read Procedural Rules

(1)

Find and Read Relevant Cases

(1)

Online Legal Resources

Appendices

A1 Appendix 1: State and Federal Exemptions Tables

A2 Appendix 2: Addresses of Bankruptcy Courts

A3 Appendix 3: Tear-Out Forms

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Chapter 13 Bankruptcy : Repay Your Debts

Summary

Author Biography

Table of Contents

Supplemental Materials