Chapter 13 Bankruptcy Book
Case Law & Updates
for Nolo's
Chapter 13 Bankruptcy:
Keep Your Property and
Repay Your Debts Over Time
10th Edition, 2010
Welcome, readers of Chapter 13 Bankruptcy:
Keep Your Property and
Repay Your Debts Over Time.
Throughout the book, you are referred to www.legalconsumer.com/bankrutpcy/CH13 to find updates and resources regarding issues that are still being debated in the courts.
Use the highlited links on this page to go directly to relevant resources on LegalConsumer.com. Links labeled "Case Law >>" take you to a database of cases that have been logged into our research database. We're still flling up the database, but it's a good place to start if you're interested in the topic. We also link to relevant articles and blog posts where possible. Suggestions are welcome.
Table of Contents
(Localized for Zip Code _____ coming soon, (what's this?))
Part I: Is Chapter 13 Right For You?
Chapter 1
How Chapter 13 Works
[free sample chapter on Nolo.com]
Chapter 2
The Automatic Stay
Chapter 3
Are you Eligible to Use Chapter 13
Your Proposed Payments Must Yeild as much as the value of Your Non Exempt Assets - minus adminsitrative costs of sale.
Sidebar: What is Exempt Property?
Chapter 4
Do You Have to Use Chapter 13?
A. Can You Pass the Means Test (Chapter 7 FORM 22A)?
FORM 22A - Part I: Military & Non-Consumer Debtors Exclusion (Chapter 7 Form only)
FORM 22A - Part II: Calculation of Monthly Income for § 707(b)(7) Exclusion / FORM 22C - Part I: Report of Income
Six Month Period: What Income Counts?
- Case Law >> INCOME ISSUES
Line 4/Line 3: Business Income
Line 7/22C-Line 6: Pension and Retirement Income
Line 9/22C-Line 8: Unemployment Compensation Income
Line 10/22C-Line 9: Income from all other sources
Line 12/22C-Line 11: Total Income
FORM 22A - Part III: (Application of the § 707(b)(7) Exclusion) - Median Income
/FORM 22C - Part II: CALCULATION OF § 1325(b)(4) COMMITMENT PERIOD
Line 14/22C-Line 16: Household Size
- Case Law >> Household Size
Line 15/17:
Part IV: Calculation of Current Monthly Income for § 707(b)(2)
Part V: DEDUCTIONS FROM INCOME
IRS ALLOWANCES
Line 20B/25B: Housing and Rental Expenses
Line 21B/26B: Health Care Allowance
Line 23/27: Vehicle Ownership Expense
OTHER NECESSARY EXPESES
Line 35/40: Expense for care of family member
Line 38/43: Expense for educational expenses of a family member
SECURED DEBT PAYMENTS
Line 42/47: Deductions for Debt Payments
SPECIAL CIRCUMSTANCES
TOTALITY OF CIRCUMSTANCES / BAD FAITH
Chapter 5
Can You Propose a Plan the Judge Will Approve?
MEDIAN INCOME issues
IF your Current Monthly Income is Less Than your State's Median Income
IF your Current Monthly Income is More Than your State's Median Income
Understanding Property Exemptions
Chapter 6
Making the Decision
Part II: Filing For Chapter 13 Bankruptcy?
Chapter 7
Complete Your Bankruptcy Forms
Chapter 8
Drafting Your Plan
Determining your "Projected Disposable Income" in Your Plan (See also, Chapter 5)
IF your Current Monthly Income is More Than your State's Median Income
What You Must Pay Either Through or Outside of Your Plan
Chapter 9
Filing Your Bankruptcy Papers
Chapter 10
Handling Routine Matters After You File
Part III: Making Your Plan Work
Chapter 11
Handling Legal Issues
Chapter 12
Carrying Out Your Plan
Chapter 13
If You Cannot Complete Your Plan
Chapter 14
Life After Bankruptcy
Chapter 15
Help Beyond the Book
Appendix A
State and Federal Exemption Charts
See the exemptions for your state here.
Table of Contents