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  • by Nolo Chapter 13 Book TOC

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Chapter 13 Bankruptcy Book
Case Law & Updates

for Nolo's

Chapter 13 bankruptcyChapter 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 - Chapter 7 Means Test Form /Form 22C - Chapter 13 Means Test Form


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?

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

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

Part 1: Is Chapter 13 Right for You?

1. How Chapter 13 Works

  • An Overview of Chapter 13 Bankruptcy
  • Which Debts Are Discharged in Chapter 13 Bankruptcy
  • Is Chapter 13 Right for You?
  • Alternatives to Bankruptcy

2. The Automatic Stay

  • How Long the Stay Lasts
  • How the Stay Affects Common Collection Actions
  • How the Stay Affects Actions Against Codebtors
  • When the Stay Doesn’t Apply
  • Evictions

3. Are You Eligible to Use Chapter 13?

  • Prior Bankruptcy Discharges May Preclude a Chapter 13 Discharge
  • Business Entities Can’t File for Chapter 13 Bankruptcy
  • Your Debts Must Not Be Too High
  • You Must Stay Current on Your Income Tax Filings
  • You Must Keep Making Your Child Support and Alimony Payments
  • You Must File Annual Income and Expense Reports
  • Your Proposed Repayment Plan Must Pay All Required Debts
  • Your Unsecured Creditors Must Get at Least as Much as They Would Have Received in a Chapter 7 Bankruptcy
  • You Must Participate in an Approved Personal Financial Management Course

4. Do You Have to Use Chapter 13?

  • Can You Pass the Means Test?
  • Forced Conversion to Chapter 13

5. Can You Propose a Plan the Judge Will Approve?

  • 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

6. Making the Decision

Part II: Filing for Chapter 13 Bankruptcy

7. Complete Your Bankruptcy Forms

  • Get Some Information From the Court
  • Required Forms
  • For Married Filers
  • Form 1—Voluntary Petition
  • Form 6—Schedules
  • Form 7—Statement of Financial Affairs
  • Form 21—Statement of Social Security Number
  • Form 22C—Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income
  • Form 201A—Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code
  • Mailing Matrix
  • Income Deduction Order

8. Drafting Your Plan

  • Chapter 13 Plan Formats
  • What You Must Pay
  • Repayment of Unsecured Debts: Allowed Claims
  • A Model Plan Format
  • Sample Plan

9. Filing Your Bankruptcy Papers

  • Gather the Necessary Documents
  • Get Filing Information From the Court
  • How to File Your Papers
  • After You File

10. Handling Routine Matters After You File

  • The Automatic Stay
  • Dealing With the Trustee
  • Make Your First Payment
  • If You Operate a Business
  • The Meeting of Creditors
  • Modifying Your Plan Before the Confirmation Hearing
  • The Confirmation Hearing
  • Modifying Your Plan After the Confirmation Hearing
  • Amending Your Bankruptcy Forms
  • Filing a Change of Address
  • Filing Tax Returns
  • Filing Annual Income and Expense Statements
  • Personal Financial Management Counseling
  • Form 283—Domestic Support and Homestead Exemption

Part III: Making Your Plan Work

11. Handling Legal Issues

  • Filing Motions
  • Dealing With Creditors’ Motions
  • If an Unsecured Creditor Objects to Your Plan
  • Handling Creditor Claims
  • Asking the Court to Eliminate Liens

12. Carrying Out Your Plan

  • Making Plan Payments
  • Selling Property
  • Modifying Your Plan When Problems Come Up
  • Attempts to Revoke Your Confirmation
  • When You Complete Your Plan

13. If You Cannot Complete Your Plan

  • Dismiss Your Case
  • Convert Your Case to Chapter 7 Bankruptcy
  • Seek a Hardship Discharge

14. Life After Bankruptcy

  • Rebuilding Your Credit
  • Attempts to Collect Clearly Discharged Debts
  • Postbankruptcy Discrimination
  • Attempts to Revoke Your Discharge

15. 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
  • Exemptions for Retirement Accounts

Tear-Out Forms

  • Voluntary Petition
  • Exhibit “C” to Voluntary Petition
  • Exhibit D—Individual Debtor’s Statement of Compliance With Credit
  • Counseling Requirement
  • Schedule A—Real Property
  • Schedule B—Personal Property
  • Schedule C—Property Claimed as Exempt
  • Schedule D—Creditors Holding Secured Claims
  • Schedule E—Creditors Holding Unsecured Priority Claims
  • Schedule F—Creditors Holding Unsecured Nonpriority Claims
  • Schedule G—Executory Contracts and Unexpired Leases
  • Schedule H—Codebtors
  • Schedule I—Current Income of Individual Debtor(s)
  • Schedule J—Current Expenditures of Individual Debtor(s)
  • Declaration Concerning Debtor’s Schedules
  • Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data (28 U.S.C. § 159)
  • Form 3A—Application to Pay Filing Fee in Installments and Order Approving Payment of Filing Fee in Installments
  • Form 7—Statement of Financial Affairs
  • Form 10—Proof of Claim
  • Form 20A—Notice of [Motion to] or [Objection to]
  • Form 21—Statement of Social-Security Number(s)
  • Form 22A—Chapter 7 Statement of Current Monthly Income and Means-Test Calculation
  • Form 22C—Chapter 13 Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income
  • Form 23—Debtor’s Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management
  • Form 201A—Notice to Consumer Debtor(s) Under § 342(b) of the Bankruptcy Code
  • Form 283— Chapter 13 Debtor’s Certifications Regarding Domestic Support
  • Obligations and Section 555(q)
  • Amendment Cover Sheet
  • Daily Expenses
  • Notice of Plan Amendment and Confirmation Hearing Date
  • Proof of Service by Mail
  • Chapter 13 Repayment Plan

Charts

  • Median Family Income Chart
  • Bankruptcy Forms Checklist
  • Bankruptcy Documents Checklist

Index

 

 

 


DISCLAIMER. By using this database you acknowledge and agree to the following:

This database does not contain every relevant case in every district on the topics covered; there are high priced services for that. This is free. It is offered to the public "as is" as an adjunct to the Nolo books, How to File Chapter 7 Bankruptcy, and Chapter 13 Bankruptcy: Keep Your Property and Repay Your Debts Over Time (10th Edition, 2010): which I co-author with attorney Stephen Elias.

This database is updated as time permits. Do not assume that it has the latest case in your district. We are still filling holes in the database -- and will always be. Use it as a place to start your reasearch, rather than the final answer to your question.

Some of these issues involve the discretion of the judge which can vary from judge to judge. So, even if you find a case just like yours where a judge went your way, as they say in the car biz, "your mileage may vary..."

If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.

For more help, click the "?" tab.

 


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