Chapter 7 Bankruptcy:
One-Stop Guide to Chapter 7 Resources on LegalConsumer.com
Chapter 7 Bankruptcy Case Law & Updates
for Nolo's
How to File for Chapter 7 Bankruptcy
17th Edition, 2011
Welcome, readers of How to File For Chapter 7 Bankruptcy.
Throughout the book, you are referred to www.legalconsumer.com/bankrutpcy/CH7 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
1. Should You File for Chapter 7 Bankruptcy?
- Bankruptcy in America: The Big Picture
- An Overview of Chapter 7 Bankruptcy
- Who Can File for Chapter 7
- Does Chapter 7 Bankruptcy Make Economic Sense?
- Alternatives to Chapter 7 Bankruptcy
2. The Automatic Stay
- Actions Prohibited by the Stay
- When the Stay Doesn't Apply
- Evictions
3. Your Property and Bankruptcy
- Property in Your Bankruptcy Estate
- Property That Isn't in Your Bankruptcy Estate
- Property You Can Keep (The Exemption System)
- Selling Nonexempt Property Before You File
4. Your House
- How Bankruptcy Affects a Typical Homeowner
- If You're Behind on Your Mortgage Payments
- Will You Lose Your Home?
- Ways to Keep Your House
- Debts
5. Secured Debts
- How Chapter 7 Bankruptcy Affects Secured Debts
- Ways to Deal With Secured Debts in Bankruptcy
- Choosing the Best Options
- Step-by-Step Instructions
6. Complete and File Your Bankruptcy Paperwork
- Gather the Necessary Documents
- Get Some Information From the Court
- For Married Filers
- Required Forms and Documents
- Form 1— Voluntary Petition
- Form 6— Schedules
- Form 7— Statement of Financial Affairs
- Form 8—Chapter 7 Individual Debtor's Statement of Intention
- Form 21—Statement of Social Security Number
- Form 22A—Statement of Current Monthly Income and Means-Test Calculation
- Form 201—Notice to Consumer Debtors Under § 342(b) of the Bankruptcy Code
- Mailing Matrix
- How to File Your Papers
- After You File
7. Handling Your Case in Court
- Routine Bankruptcy Procedures
- Amending Your Bankruptcy Papers
- Filing a Change of Address
- Special Problems
8. Life After Bankruptcy
- Newly Acquired or Discovered Property
- Newly Discovered Creditors
- Postbankruptcy Attempts to Collect Debts
- Attempts to Collect Clearly Discharged Debts
- Attempts to Revoke Your Discharge
- Postbankruptcy Discrimination
- Rebuilding Credit
9. Which Debts Are Discharged
- Debts That Will Be Discharged in Bankruptcy
- Disputes Over Dischargeability
10. Help Beyond the Book
- Debt Relief Agencies
- Bankruptcy Petition Preparers
- Bankruptcy Lawyers
- Legal Research
Glossary
Appendixes
- State and Federal Exemption Charts
- Doubling
- Residency Requirements for Claiming State Exemptions
- Retirement Accounts
- Individual State and Federal Exemption Charts
- Worksheets and Charts
- Tear-Out Forms
Index
Sidebar: What is Exempt Property?
A. Can You Pass the Means Test (Chapter 7 FORM 22A)?
FORM 22A - Part I: Military & Non-Consumer Debtors
- What is "primarily"?
- What is "consumer debt"?
- Student loans?
- Mortgages?
- Taxes?
- Personal Injury Liiability?
FORM 22A - Part II: Calculation of Monthly Income for § 707(b)(7) Exclusion / FORM 22C - Part I: Report of Income
Line 4/Line 3: Business Income
Line 12/Line 11: Total Income
Six Month Period: What Income Counts?
- Case Law >> INCOME ISSUES
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/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: Expense for care of family member
Line 40: Expense for educational expenses of a family member
SECURED DEBT PAYMENTS
Line 42: 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