Bankruptcy Books

Do I Need a Lawyer?

There is no requirement to use a lawyer to file for bankruptcy. However, some people decide to hire one to help them get through the process.

Whether you're a good candidate for doing it yourself, depends on the complexity of your financial situation, and your willingness to take the time to learn the rules of bankruptcy. (If you're not the type of person that is willing to follow instructions carefully, then self-help is probably not for you.)

Your Financial Situation

If your debts consist only of unsecured credit card debt, you may well be able to file for bankruptcy on your own.

However, other factors to consider are the amount and type of property you own. If you own your home, have substantial retirement savings, or other substantial assets you may want to consult with a lawyer to make sure your property is not at risk.

A good way to approach the decision of whether to hire a lawyer is to buy (and read) Nolo's book "How to File for Chapter 7 Bankruptcy." It will give you a good idea of what issues may arise when you file, and flags specific situations when a lawyer's help is called for. It will also give you a good idea of whether the filing process seems to complicated for you.

If your financial situation is simple, but you just don't want to deal with the forms, you might consider a using a Bankruptcy Petition Preparer to handle the form preparation.

Some lawyers may be willing to review your situation without taking on your entire case. If they see that your situation is very simple, some lawyers might even tell you that you can do it yourself.

One option is to get limited help from a lawyer combined with the services of a bankruptcy petition preparer. If you live in California, see www.bankruptcylawproject.com for more information about their "Affordable Attorney Advice" service, which, for a flat rate of $100, will answer all questions that may arise in the course of your bankruptcy, but not actually file bankruptcy for you.

Other Resources

The National Association of Consumer Bankruptcy Attorneys (NACBA) makes the case of why you should use an attorney and offers tips for those who cannot afford one.

What should I expect from a lawyer?

If you hire a lawyer, make sure your lawyer is an experienced bankruptcy lawyer. Bankruptcy is a complex, unique area of law that is not something that a general practitioner can learn overnight. Ask your lawyer how many bankruptcies they have filed.

Your lawyer will probably have you fill in a questionnaire about your property, debts, expenses and income. A good lawyer will be able to determine quickly what kinds of debts will be dischargeable in bankruptcy. The lawyer should advise you to get credit counseling before you file, and will may even have a computer terminal in their office where you can do the counseling right there, online. Many lawyers have preferred credit counselors that they work with.

Lawyers are responsible for making sure that your information is accurate, so they will be asking you to bring in documentation about your finances, including pay stubs, tax returns, etc.

For more information about working with a bankruptcy attorney, check out Chapter 10 of How to file for Chapter 7 Bankruptcy.

What is a "BPP" (Bankruptcy Petition Preparer)?

Bankruptcy Petition Preparers are non-lawyers paid by consumers to prepare bankruptcy documents, for filing in court.

Anyone can be a BPP, provided they comply with the rules governing BPP practice contained in the bankruptcy code.

Customers who use a BPP are representing themselves in the bankruptcy court. This means they are responsible for making the choices required of them in their case. They must also provide the BPP with complete and accurate information to be entered in the documents.

Because BPPs are not lawyers, their customers must obtain necessary legal information and advice from an independent source such as a self-help law book or a lawyer.

Think of it this way, A BPP's customers are their own lawyers and the BPP is their legal secretary. The customers have to be sufficiently informed to tell the BPP what to do.

If you are interested in becoming a BPP, see the Bankruptcy Law Project website at www.bankruptcylawproject.com.

Whether or not you decide to handle your bankruptcy yourself, many people find it useful to buy a book on the subject to get the lay of the land before plunging ahead and spending money on a lawyer. Although there are mistakes you can make in handling a bankruptcy yourself, starting with a good book on the subject can reduce this risk considerably -- and it can help you keep an eye on your lawyer and work with them more efficiently. Books don't charge by the hour.

(DISCLAIMER: I co-author a book for Nolo on bankruptcy, so... yes, I tend to recommend Nolo books -- for the same reason I write for Nolo; because I think Nolo is an honest, decent company that produces quality products.)

Step-by-Step Guides

The following books take you step by step through the filing process, including how to fill in the standard federal forms.

How to File for Chapter 7 Bankruptcy (16th ed, October 2009)

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.

First, the book will help you determine whether you qualify for Chapter 7 -- and whether it is the best way to deal with your debts. Then you'll find out how to:

* stop wage garnishments and attachments
* fill out and file all the forms
* cancel as much debt as possible
* deal with secured debts
* keep the maximum amount of property
* keep your home, if possible
* rebuild credit after bankruptcy

The 15th edition is completely updated and revised to reflect the latest laws and legal forms, plus the line-by-line instructions you need to fill them out. Get new information on foreclosure and exemption requirements, and read the latest court decisions. And, easy-to-use charts make looking up your state's laws a snap.

In Paperback and eBook (Adobe Reader)
Pub. Date: Oct 2009
Edition: 16th
Pages: 574 pp
ISBN: 9781413310603
Forms: 38 forms

Buy now: Nolo (publisher) :: Powell's :: Amazon

 

Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time
(9th ed, 2008)

Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can provide you an affordable repayment plan -- and let you keep your house, car and other property

(NOTE: Older editions of this, or any bankruptcy book are out of date and should not be used. Many such books are still for sale online. They are based on old law and will lead you astray.)

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2008
Edition: 9th
Pages: 496 pp
ISBN: 9781413308556
Forms: 29 forms

Buy now: Nolo (publisher) :: Powell's :: Amazon

 

Books on Bankruptcy, Generally

The following books give you a good overview of how bankruptcy fits in the with other debt relief options, and helps you figure out how bankruptcy could help your particular debt problems.

The New Bankruptcy: Will It Work for You? (New Bankruptcy)

by Attorney Stephen Elias. This book discusses, in plain-English the practical implications of the bankruptcy law changes that took effect in October 2005. The book explains how the new law is not as bad as you may have thought. Most people in financial straits can still gain much from filing. But there is more paperwork and more stringent rules than under the old law.

Find out what's good about the new law, what's bad, and how the new rules may affect you.

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2009
Edition: 3rd
Pages: 400 pp
ISBN: 9781413310252
Forms: 22 forms

Buy this Book: Nolo (publisher's site) :: Powell's :: Amazon

Author's website

 

Personal Bankruptcy Laws For Dummies® (2nd Ed, 2006)

by Attorney James Caher.

Full of savvy advice and plain-English explanations of how bankruptcy works and what to do -- and what not to do -- if you're thinking of filing for bankruptcy. The author includes the typical shrill warnings about never attempting anything without a lawyer on the assumption that no bankruptcy is simple. Well, some are. Nevertheless his book is full of solid information and tips from an experienced bankruptcy practitioner. Whether or not you hire a lawyer, you'll get good info from this book. (Paperback & eBook (Adobe Reader), 384 pages)

Buy this book from
Powell's :: Amazon)

Books for Bankruptcy Professionals

The following books are written for lawyers and law students and do not attempt to translate the law into plain English.

Bankruptcy and Related Law in a Nutshell (Nutshell Series)

by David G. Epstein

Don't expect a lot of plain English in this book. This is for people who are comfortable with legal lingo and want a quick overview of this area of law. Be sure you get the 2005 or later edition with the blue cover.
Paperback: 474 pages
Publisher: West
7th edition

Buy from: Powell's :: Amazon

The New Bankruptcy Code (Paperback)
by Sally M. Henry

Contains the full text of the new Bankruptcy Code effective October 2005 including comparisons to the old Code; a checklist of key changes and effective dates so practitioners can quickly know important information.

Buy from: Powell's :

Consumer Bankruptcy News (periodical)

Pricey but highly recommended for bankruptcy professionals who want to keep up with the latest news and court cases interpreting the provisions of the new bankruptcy law. Provides articles, commentaries, and practice pointers to improve business. Excellent resource for consumer bankruptcy attorneys. Buy from: Amazon

Books on Bankruptcy, Law & Society

The following books explore how laws tip the balance against the average taxpayer and favor the wealthy.

Gotcha Capitalism: How Hidden Fees Rip You Off Every Day-and What You Can Do About It

How hidden fees rip you off every day and what you can do about it. By Bob Sullivan, author of MSNBC.com's Red Tape Chronicles

website: www.gotchacapitalism.com

Jan. 7, 2008 Interview on NPR's Fresh Air with Terry Gross

Jan. 4, 2008 Interview on Marketplace

 

Hostile Takeover: How Big Money and Corruption Conquered Our Government--And How We Take It Back

David Sirota, a major new voice in American politics, seeks to open the eyes of ordinary Americans to the fact that corporate interests have undermined democracy, aided and abetted by their lackeys in our allegedly representative government — and how the high-profile scandals are merely one product of a political system and debate wholly owned by Big Money interests.

Buy from: Powell's, Amazon

 

 

Bankruptcy Software for Lawyers

All software and services listed below claim to be 50-state, so they should work in the Florida Middle District Bankruptcy Court.

Best Case Bankruptcy Solutions ($695 and up)

BestCase is the leading bankruptcy software for lawyers.

NewHope Software ($850)

 

Blankrupter Software (Blumberg, $750)

 

Bankruptcy Software for Consumers

A relative newcomer to online bankruptcy form preparation is a service geared toward self-helpers, called BKParaDox. It has licensed the Nolo bankruptcy book to be used as a resource in conjunction with their online bankruptcy form filling tools. One unique aspect to their product is that they've got an agreement with LegalHelpers, promising to credit the cost of the online form preparation service if, after you've started, you decide you'd rather turn over your case to a lawyer retained via LegalHelpers.