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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.

Bankruptcy Forms With Step-by-Step Instructions

Nolo Online Bookstore

Nolo is a well-respected publisher of books and software designed to help people handle their own legal affairs. Their website features many helpful articles on a wide variety of topics, including bankruptcy. You can also buy Nolo products there.

(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

Chapter 7 | Chapter 13 | Credit Repair

The following books take you step by step through the filing process, including how to fill in the standard federal bankruptcy forms used for Chapter 7 or Chapter 13 bankruptcy..

How to File for
Chapter 7 Bankruptcy

(16th ed, October 2009)

How to File For Bakruptcy

Table of Contents

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 16th 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)

 

Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time
(10th ed, 2010)

How to File For Bakruptcy

Table of Contents

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

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2010
Edition: 10th
Pages: 496 pp
ISBN: 9781413310696
Forms: 29 forms

Buy now: Nolo (publisher)

 

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?

Table of Contents

 

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)

Author's website

 

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

Dummies bookby 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)

Credit Repair

After bankruptcy, or even if you never file, there are things you can do to repair your credit and get the benefits of a higer credit score.

Money Troubles Alternatives to BankruptcyCredit Repair

Credit problems? Get the acclaimed plain-English guide to fixing your credit report!

Nearly 80 percent of credit reports contain errors. In a tough economy when credit is tight, you need to be certain that your financial records are correct and up-to-date. A less-than-flattering report can hurt your chances of qualifying for credit card, loans, renting an apartment or even finding a job.

But a bad credit report can almost always be improved or corrected. Credit Repair shows you how to fix your credit situation quickly and easily, explaining the necessary steps in plain English. Learn how to:

  • avoid overspending
  • establish a realistic budget
  • get out of debt now
  • build a financial cushion
  • read and understand your credit report
  • get mistakes on your credit report fixed
  • protect your social security number
  • avoid credit discrimination
  • get positive information added to your credit report
  • negotiate with creditors

Credit Repair includes dozens of forms and letters on CD-ROM that will help you spruce up your credit report as easily as possible!

The 9th edition has been completely updated to reflect the latest changes in the law, including the new rules for the HOPE for Homeowners Act, and additional information and forms that will help you regain your good name should your identity ever be stolen.

 

In Paperback and eBook (Adobe Reader)
Pub. Date: April 2009
Edition: 9th
Pages: 288 pp
ISBN:9781413310191
Forms: 29 forms

Buy now: Nolo (publisher)

 

Alternatives to Bankruptcy

Money Troubles Alternatives to BankruptcyMoney Troubles

Repair your credit and get out of debt with the complete guide to solving your money troubles.

Feeling overwhelmed by your debts? If you're ready to regain your financial freedom, feeling the squeeze of the housing bust or simply get smarter about managing your money, you'll find everything you need in this complete guide. Solve Your Money Troubles shows you how to:

  • prioritize debts
  • create a budget
  • negotiate with creditors
  • stop collector harassment
  • challenge wage attachments
  • contend with repossessions
  • respond to creditor lawsuits
  • qualify for a mortgage
  • rebuild credit
  • decide if bankruptcy is the right option for you

To make the process easier, the 12th edition of Solve Your Money Troubles includes all-new sample letters to creditors which reflect changing financial times, as well as worksheets and charts to calculate your debts and expenses and help you create a repayment plan. You'll also get fully updated state laws and new information on dealing with foreclosure.

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2009
Edition: 12th
Pages: 536 pp
ISBN: 9781413310221
Forms: 7 forms

Buy now: Nolo (publisher)

Foreclosure

Foreclosure Survival Guide

Keep Your House or Walk Away With Money In Your Pocket
(2nd ed, Sep 2009)


by Attorney Stephen R. Elias

Book $15.99 :: Download $9.99

Facing foreclosure? Know your options!

If you're having trouble making your mortgage payments or are already in jeopardy of foreclosure, The Foreclosure Survival Guide compassionately gives you the practical information you need, step by step.

An essential tool for anyone at risk of foreclosure, The Foreclosure Survival Guide provides key information about:

  • mortgages, including adjustable rate mortgages (ARMs)
  • short sales
  • deeds in lieu of foreclosure
  • judicial and non-judicial foreclosure
  • credit counseling
  • liens, and
  • using bankruptcy to deal with foreclosure.

The Foreclosure Survival Guide gathers all the information Attorney Stephen R. Elias has used to help hundreds of clients over 30 years of practicing law and shows you how to deal with foreclosure.

Like many hardworking people facing foreclosure in this rough economy, you deserve answers to your pressing questions. Thorough and easy to understand, The Foreclosure Survival Guide can help you stay in your home or walk away with money in your pocket.


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

Bankruptcy Software for Lawyers

All software and services listed below claim to be 50-state, so they should work in the California Northern 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)

 

CloseDo 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. (Disclaimer: This service is run by my friend and co-author, Attorney Stephen Elias. But I think what he's doing is pretty innovative and useful and so I list it here.)

Other Resources, Other Opinions

Lots of people have opinions on the topic of whether you should get a lawyer. Most lawyers... guess what... think you should always have a lawyer. But, seriously, they make some worthwhile points that are worth reading as you decide what to do.

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.

The law firm of Moran Law Group, in addition to providing loads of useful free information about bankruptcy, also makes the case why you should get a lawyer and the US Courts site has this advice about filing without an attorney.

And, my Nolo co author, Stephen Elias has written a blog post on Using Non-Lawyers to Help You With Your Bankruptcy

These are all worth reading.

Close

CloseWhat 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. Close

CloseWhat 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 thewww.bankruptcylawproject.com.

Close

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 their arrangement with "LegalHelpers", promising to credit the cost of the online form preparation service, if you eventually decide to abandon the the do-it-yourself approach and turn over your case to a lawyer retained through LegalHelpers.com

 

Products listed in advertisements are not endorsed or reviewed by LegalConsumer.com

 

 

 

 


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