Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time

Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
by Robin Leonard J.D., Stephen Elias Attorney

Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
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Book Summary Information

Author: Robin Leonard J.D., Stephen Elias Attorney
Edition: Paperback
Audio: English (Original Language); English (Unknown); English (Published)
Published: 2008-05-30
ISBN: 1413308554
Number of pages: 496
Publisher: NOLO
Product features:

Book Reviews of Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time

Book Review: Save Me over $3000 in Legal Fees
Summary: 5 Stars

Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time

I needed to file Chapter 13 to pay off approximately $7000 in delinquent taxes that could not be discharged in a Chapter 7. I contacted several local Chapter 13 attorneys in the San Diego area for free consultations. Each one wanted to charge at least $3500.00 to represent me and wanted between $1000.00 to $1500.00 to be paid prior to them filing the bankruptcy paperwork with the court. If I had that kind of money, I would have been trying to work out something with the IRS.

I bought this book and read it cover to cover several times. When I knew I was ready, I completed the forms required to file in my district, California Southern District. My expense was $274.00 in cash for the filing fees. I filed on 4/17/09 and had my 341(a) hearing on 5/22/09. The court schedules a hearing at the same time for many people.

During the hearing, I was getting nervous as several people that were represented by attorneys were called in front of the Chapter 13 Trustee ahead of me and were either having their hearings continued to a new date or having a Confirmation hearing scheduled due to discrepancies in their filed paperwork (this was paperwork prepared and filed by their attorneys!!!). In the California Southern District, a 341(a)hearing is rescheduled or a Confirmation hearing is scheduled if the Chapter 13 Trustee thinks there is a presumption of abuse of the bankruptcy laws, objects to the plan or a creditor has an objection to the plan.

When I was called up, I only had to answer a few basic questions (name, address, what do you do you do for a living, how much are you paid, is that hourly, weekly, monthly and how many hours per day, week or month do you work) and provide copies of my IRS tax returns for 4 years (2005, 2006, 2007 and 2008)to verify that I have had stable income. The Chapter 13 Trustee stated he did not find a presumption of abuse, recommended that my plan be confirmed and is submitting the Request for Plan Confirmation to the Chapter 13 bankruptcy judge for sign-off. It took less than 10 minutes.

I could not have done it without the invaluable assistance of this book.

Summary of Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time

Reduce your debts, save your property -- and start over!

Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? This book will show you how to save your house, car and other assets with Chapter 13 Bankruptcy. It lets you cancel your debts and pay off the rest with an affordable repayment plan.

And now you can avoid attorney fees and do it yourself -- let Chapter 13 Bankruptcyyou how to:

  • determine if you qualify for Chapter 13
  • stop a house foreclosure
  • estimate monthly payments
  • devise an acceptable repayment plan
  • complete and file forms
  • make up missed mortgage payments
  • pay off other debts
  • represent yourself before a bankruptcy judge or trustee

    The 9th edition is completely rewritten to reflect the recent (and massive) changes to federal bankruptcy law, as well as the latest bankruptcy exemption laws of your state. It also includes the most current legal documents and instructions on filling them out.

    Whether you work with a lawyer or file on your own, you'll find everything you need to take charge of your debts in Chapter 13 Bankruptcy.

    Please note: This book does not cover business bankruptcies, farm reorganizations or individual repayment plans (Chapter 13). For Chapter 7 Bankruptcy, see Nolo's How to File for Chapter 7 Bankruptcy.

    State and Federal Exemption Charts
    Doubling
    Residency Requirements for Claiming State Exemptions
    Exemptions for Retirement Accounts
    Individual State and Federal Charts

    Tear-Out Forms
    Voluntary Petition
    Exhibit C to Voluntary Petition
    Exhibit D to Voluntary Petition
    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
    Form 3A -- Application and Order to Pay Filing Fee in Installments
    Form 7 -- Statement of Financial Affairs
    Form 10 -- Proof of Claim
    Form 20A -- Notice of Motion or Objection
    Form 21 -- Statement of Social Security Number(s)
    Form 22A -- Statement of Current Monthly Income and Means-Test Calculation
    Form 22C -- ChaStatement 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 201 -- Notice to Individual Consumer Debtor Under ? 342(b) of the Bankruptcy Code Amendment Cover Sheet
    Daily Expenses
    Notice of Plan Amendment and Confirmation Hearing Date
    Proof of Service by Mail
    Chapter 13 Repayment Plan

    Appendix C: Charts

    Estate Planning Books

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