Introduction |
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1 | (1) |
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1 | (1) |
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Conventions Used in This Book |
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2 | (1) |
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2 | (1) |
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2 | (1) |
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How This Book Is Organized |
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3 | (1) |
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Part I: Bankruptcy: The Big Picture |
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3 | (1) |
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Part II: Avoiding Bankruptcy |
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3 | (1) |
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Part III: Keeping Your Stuff |
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3 | (1) |
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Part IV: Getting Rid of (Most of) Your Debt |
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4 | (1) |
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Part V: Strategies for a Successful Bankruptcy |
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4 | (1) |
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Part VI: Enjoying Your Fresh Start |
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4 | (1) |
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Part VII: The Part of Tens |
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4 | (1) |
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4 | (1) |
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5 | (2) |
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Part I: Bankruptcy: The Big Picture |
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7 | (108) |
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9 | (18) |
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Viewing Bankruptcy in a Historical Context |
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10 | (2) |
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Debunking Bankruptcy Myths |
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12 | (4) |
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People who go bankrupt are sleazy deadbeats |
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12 | (2) |
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Bankruptcy is the easy way out for folks who can pay their bills |
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14 | (1) |
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Bankruptcy threatens the ethical foundations of our society |
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15 | (1) |
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Honest folks pay a ``tax'' to support those who are bankrupt |
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16 | (1) |
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Understanding What You Can Gain Through Bankruptcy |
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16 | (4) |
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Stopping creditors in their tracks |
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18 | (1) |
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Wiping out most of your debts |
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18 | (1) |
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Catching up on back mortgage and car payments |
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18 | (1) |
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Filing bankruptcy to pay some debts over time |
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19 | (1) |
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Using bankruptcy to pay all your debts |
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19 | (1) |
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Knowing What You Can Lose in Bankruptcy |
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20 | (1) |
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Considering Alternatives to Bankruptcy |
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21 | (1) |
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Introducing the Different Types of Personal Bankruptcy |
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22 | (2) |
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23 | (1) |
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Consumer reorganizations (Chapter 13) |
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23 | (1) |
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Weighing the Consequences of Not Filing Bankruptcy |
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24 | (2) |
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Claims secured by your car |
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24 | (1) |
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Claims secured by your home |
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25 | (1) |
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25 | (1) |
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25 | (1) |
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25 | (1) |
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25 | (1) |
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26 | (1) |
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Using the Statute of Limitations |
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26 | (1) |
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27 | (20) |
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Realizing You're Not Alone |
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27 | (1) |
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Preventing Further Damage Now |
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28 | (2) |
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Comparing Your Income with Your Spending |
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30 | (7) |
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Focusing on how much income you have |
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31 | (1) |
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Coming to grips with where your money goes |
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32 | (5) |
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Assessing Your Spending Habits |
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37 | (3) |
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The devil's in the details: Scrutinizing your expenses |
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38 | (1) |
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39 | (1) |
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Getting a Handle on What You Own |
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40 | (3) |
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Figuring Out How Much You Owe |
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43 | (4) |
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47 | (10) |
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Finding Professional Help |
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47 | (4) |
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Answering why a lawyer is a must |
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48 | (1) |
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48 | (1) |
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Understanding what to expect from your lawyer |
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49 | (1) |
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49 | (2) |
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Getting to Know the Players |
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51 | (6) |
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51 | (1) |
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52 | (2) |
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54 | (2) |
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56 | (1) |
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Deciding Which Type of Bankruptcy Is Best for You |
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57 | (12) |
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Deciding Whether to Fly Solo or As a Married Couple |
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57 | (1) |
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Looking at Your Probable Bankruptcy Choices |
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58 | (4) |
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59 | (1) |
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60 | (2) |
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Deciding Between Chapter 7 and Chapter 13 |
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62 | (5) |
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Recognizing when Chapter 7 is best |
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63 | (1) |
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Considering Chapter 13 as your number-one option |
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63 | (4) |
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Considering Other Types of Bankruptcy |
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67 | (1) |
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67 | (1) |
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Reorganizations for family farmers and fishermen |
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67 | (1) |
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68 | (1) |
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68 | (1) |
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Confronting the Means Test |
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69 | (22) |
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Putting the Means Test in Perspective |
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69 | (1) |
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70 | (6) |
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71 | (4) |
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Comparing your income to the median |
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75 | (1) |
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Deducting Your Expenses and Taking the Means Test |
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76 | (11) |
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IRS National and Local Standards |
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77 | (1) |
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78 | (4) |
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82 | (2) |
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Deductions for certain debt payments |
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84 | (3) |
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Figuring Out How Much of Your Debts You Can Pay |
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87 | (1) |
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Passing the Means Test by Showing ``Special Circumstances'' |
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88 | (1) |
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Considering Ways around the Means Test |
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89 | (1) |
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Getting Kicked Out of Chapter 7 for Abuse |
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90 | (1) |
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Getting from Here to There: The Bankruptcy Process |
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91 | (24) |
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91 | (2) |
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Getting Organized Before Talking to a Lawyer |
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93 | (5) |
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Doing your financial homework |
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93 | (3) |
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Tracking down your creditors |
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96 | (2) |
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Meeting Your Lawyer for the First Time |
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98 | (1) |
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Arranging for Credit Counseling |
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98 | (1) |
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99 | (1) |
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Filing Your Bankruptcy Case |
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99 | (1) |
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99 | (4) |
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Exceptions to the automatic stay |
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101 | (1) |
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Situations where the automatic stay does not apply due to a prior bankruptcy |
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101 | (2) |
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Receiving Notice of the Creditors' Meeting |
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103 | (1) |
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Supplying Copies of Tax Returns |
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103 | (1) |
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Attending the 341 Meeting |
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104 | (1) |
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Signing Up for Your Financial Management Course |
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104 | (1) |
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Working Your Way through Chapter 7 |
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105 | (5) |
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The 341 meeting in a Chapter 7 case |
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105 | (2) |
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Dealing with secured creditors |
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107 | (1) |
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107 | (1) |
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107 | (1) |
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Sweating out key deadlines |
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108 | (1) |
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Attending a discharge hearing |
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108 | (1) |
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108 | (1) |
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Administering asset cases |
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109 | (1) |
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Anticipating complications |
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110 | (1) |
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Working Your Way through Chapter 13 |
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110 | (2) |
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Filing your plan and beginning your payments |
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110 | (1) |
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The 341 meeting in a Chapter 13 case |
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110 | (1) |
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Confirming your repayment plan |
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111 | (1) |
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Going through valuation hearings |
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111 | (1) |
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111 | (1) |
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Looking at the claims process |
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112 | (1) |
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Comparing the Chapter 7 and Chapter 13 Process |
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112 | (3) |
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Part II: Avoiding Bankruptcy |
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115 | (38) |
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Considering Alternatives to Bankruptcy |
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117 | (18) |
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Appreciating the Negative Consequences of Bankruptcy |
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118 | (2) |
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The drawbacks of bankruptcy |
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118 | (1) |
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Reasons not to file bankruptcy |
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118 | (1) |
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Reasons to delay filing bankruptcy |
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119 | (1) |
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Looking at Remedies Other Than Bankruptcy |
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120 | (7) |
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120 | (1) |
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Allowing your family to bail you out |
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121 | (1) |
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121 | (1) |
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Transferring credit-card balances |
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122 | (1) |
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Restructuring home mortgages |
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123 | (3) |
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Tapping your retirement plan |
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126 | (1) |
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Choosing Which Bills to Pay First (If at All) |
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127 | (3) |
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Deciding whether to pay your mortgage |
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129 | (1) |
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Considering whether to make car payments |
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129 | (1) |
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Dealing with alimony and child support payments |
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129 | (1) |
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Deciding whether you should pay your taxes |
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129 | (1) |
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Negotiating with Your Creditors |
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130 | (1) |
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130 | (1) |
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130 | (1) |
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Considering Credit Counseling Services |
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131 | (2) |
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Simply Ignoring Creditors |
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133 | (2) |
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135 | (10) |
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Taming the Toothless Tiger: The Bill Collector |
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136 | (1) |
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137 | (4) |
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When debt collectors can contact you |
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138 | (1) |
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Where debt collectors can't contact you |
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139 | (1) |
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When debt collectors may contact others about your debt |
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139 | (1) |
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Dirty tricks are outlawed |
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140 | (1) |
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Your remedies under the FDCPA |
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141 | (1) |
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141 | (1) |
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141 | (1) |
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142 | (1) |
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142 | (3) |
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145 | (8) |
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Looking at the Tax Collection Process |
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145 | (2) |
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146 | (1) |
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Automated Collection System (ACS) |
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146 | (1) |
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147 | (1) |
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Making Nice with the Touchy-Feely IRS |
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147 | (4) |
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148 | (1) |
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Negotiating an installment agreement |
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148 | (1) |
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Knowing when to get professional help |
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149 | (1) |
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Gaining ``uncollectible'' status |
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150 | (1) |
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Planning bankruptcy while pursuing an installment agreement |
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150 | (1) |
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Submitting an Offer in Compromise |
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151 | (1) |
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Getting Help from a Taxpayer Advocate |
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152 | (1) |
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Part III: Keeping Your Stuff |
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153 | (46) |
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Understanding Which Assets Are Off Limits to Creditors |
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155 | (18) |
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Grasping the Legal Concepts |
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155 | (5) |
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Digging through the property of the estate |
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156 | (2) |
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Understanding how exemptions work |
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158 | (2) |
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Determining the Value of Your Stuff |
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160 | (1) |
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Understanding How the Courts View Certain Assets |
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161 | (10) |
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161 | (1) |
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162 | (1) |
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162 | (1) |
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Inheritances and life insurance benefits |
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163 | (1) |
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163 | (1) |
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164 | (1) |
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165 | (1) |
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165 | (1) |
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166 | (1) |
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166 | (1) |
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Severance and vacation pay |
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166 | (1) |
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167 | (1) |
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167 | (1) |
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168 | (1) |
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168 | (1) |
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169 | (1) |
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170 | (1) |
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170 | (1) |
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170 | (1) |
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171 | (2) |
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Dealing with Secured Debts |
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173 | (10) |
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Getting the Lowdown on Liens |
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174 | (1) |
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174 | (1) |
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Seeing liens as double-edged swords |
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174 | (1) |
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Identifying Different Kinds of Liens |
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175 | (2) |
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175 | (2) |
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177 | (1) |
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Dealing with Liens in Bankruptcy |
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177 | (3) |
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Freeing your household goods and tools from liens |
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177 | (2) |
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Redeeming (getting back) your property |
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179 | (1) |
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179 | (1) |
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Using the Special Powers Afforded Chapter 13 Filers |
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180 | (1) |
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Dealing with Rent-to-Own Contracts |
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180 | (1) |
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Banging the Gavel on Judgment Liens |
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181 | (2) |
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183 | (16) |
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Your Home, Your Castle --- and Sometimes Your Hassle |
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183 | (4) |
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Figuring out how much your home is worth |
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184 | (1) |
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Deducting mortgages and other liens that affect your share of the pie |
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184 | (1) |
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Understanding the homestead exemption |
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185 | (2) |
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Dealing with Jointly Owned Property |
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187 | (2) |
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Example 1: When the homestead exemption is larger than your equity |
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188 | (1) |
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Example 2: When your equity is larger than your homestead exemption |
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188 | (1) |
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Understanding How Foreclosures Work |
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189 | (1) |
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Heading off the Homewreckers |
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190 | (6) |
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Keeping your home in Chapter 7 |
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190 | (1) |
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Keeping your home in Chapter 13 |
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190 | (4) |
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Comparing Chapter 7 and Chapter 13 |
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194 | (2) |
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Using Truth-in-Lending Laws |
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196 | (1) |
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Coping When Your Dream Home Becomes a Nightmare |
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197 | (2) |
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Part IV: Getting Rid of (Most of) Your Debt |
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199 | (72) |
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201 | (14) |
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Recognizing (Possibly) Indelible Debts |
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201 | (5) |
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Confronting obligations enforceable by court orders |
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202 | (1) |
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Debts arising after bankruptcy |
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203 | (2) |
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205 | (1) |
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Debts preserved under sections of the Bankruptcy Code |
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205 | (1) |
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Nondischargeable Debts in Chapter 7 versus Chapter 13 |
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206 | (3) |
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Sweating Out the 60-Day Bar Date |
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209 | (1) |
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Avoiding the Urge to Borrow to Pay Nondischargeable Debts |
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209 | (1) |
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Understanding Reaffirmation Agreements |
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210 | (1) |
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210 | (1) |
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211 | (1) |
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Having Your Discharge Denied or Revoked |
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211 | (4) |
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Grounds for denial of a Chapter 7 discharge |
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212 | (1) |
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Grounds for denial of a Chapter 13 discharge |
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213 | (1) |
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Protecting your discharge |
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213 | (1) |
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214 | (1) |
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A House of Cards: Wiping Out Credit-Card Debts |
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215 | (8) |
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Playing the Credit-Card Game |
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215 | (2) |
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217 | (1) |
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Examining Your Mind Set When You Incurred the Debt |
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218 | (1) |
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Forcing the Credit-Card Company to Prove Its Case |
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219 | (1) |
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Explaining Presumptively Fraudulent Charges |
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219 | (1) |
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Defending Against False Financial Statement Allegations |
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220 | (1) |
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Using Credit-Card Advances for Gambling |
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220 | (1) |
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Bullying the Credit-Card Bullies |
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221 | (1) |
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Transferring Credit-Card Balances |
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222 | (1) |
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Give unto Caesar: Using Bankruptcy to Deal with Tax Debts |
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223 | (14) |
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Getting a Handle on What Happens to Taxes in Bankruptcy |
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223 | (1) |
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Wiping Out Dischargeable Income Taxes |
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224 | (1) |
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Paying Nondischargeable Priority Income Taxes |
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225 | (1) |
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Coping with Nondischargeable Nonpriority Income Taxes |
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225 | (1) |
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Confronting Unfiled Tax Returns |
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226 | (4) |
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Coping with Interest and Penalties |
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230 | (1) |
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Managing Federal Tax Liens |
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231 | (1) |
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Making the Trustee Pay Your Taxes |
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231 | (1) |
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Keeping on Top of Postpetition Taxes in Chapter 13 |
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232 | (1) |
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Paying Taxes Before Bankruptcy |
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232 | (1) |
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Using the Statute of Limitations to Escape Taxes |
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232 | (1) |
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Facing the Consequences if You're a ``Tax Protestor'' |
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233 | (1) |
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Dealing with the State Tax Man |
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233 | (1) |
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Addressing Taxes Other Than Income Taxes |
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233 | (1) |
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Paying trust fund employment taxes |
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233 | (1) |
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Deciding whether to pay real and personal property taxes |
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234 | (1) |
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Obtaining Loans to Pay Your Taxes |
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234 | (3) |
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The Devil Made Me Do It: Fines, Fraud, and Other Foibles |
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237 | (10) |
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Dealing with Debts Resulting from Fraud |
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238 | (3) |
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Charges on the eve of bankruptcy |
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238 | (1) |
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False financial statements |
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239 | (1) |
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239 | (1) |
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Receiving undeserved welfare and unemployment benefits |
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240 | (1) |
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Willful and Malicious Behavior |
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241 | (1) |
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Covering Fines, Penalties, and Restitution Orders |
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242 | (2) |
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243 | (1) |
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243 | (1) |
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Noncriminal fines and penalties |
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243 | (1) |
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244 | (1) |
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Accepting Responsibility for Drunken-Driving Injuries |
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244 | (3) |
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Till Debt Due Us Part: Bankruptcy and Divorce |
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247 | (10) |
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247 | (1) |
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248 | (4) |
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Exploring your financial obligations |
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249 | (1) |
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Doing what's best for both spouses |
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250 | (1) |
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Completing property transfers |
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250 | (1) |
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251 | (1) |
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Understanding How Support Obligations Are Treated in Bankruptcy |
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252 | (4) |
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Support obligations in Chapter 7 |
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252 | (1) |
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Support obligations in Chapter 13 |
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252 | (2) |
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Figuring out which obligations are in ``the nature of'' support |
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254 | (1) |
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Focusing on financial conditions at the time of your divorce |
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254 | (1) |
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Looking at factors that some courts consider |
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255 | (1) |
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Understanding How Property Divisions Are Treated in Bankruptcy |
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256 | (1) |
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Other Grounds for Bankruptcy-Proof Marital Debts |
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256 | (1) |
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Student Loans and Other Mind Games |
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257 | (14) |
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Understanding the Student-Loan Industry |
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257 | (1) |
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258 | (1) |
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Knowing What They Can Do If You Don't Pay |
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259 | (1) |
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Managing Student Loans with Bankruptcy |
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260 | (6) |
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Proving your insufferable need for a break |
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260 | (2) |
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Wiping out part of your student loans |
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262 | (1) |
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Paying student loans under a Chapter 13 plan |
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263 | (1) |
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Using a ``Chapter 20'' strategy |
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264 | (1) |
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Addressing medical school loans |
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265 | (1) |
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Getting stuck even when you're only a cosigner |
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266 | (1) |
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Clicking your clock into The Hardship Zone |
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266 | (1) |
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Managing Student Loans without Bankruptcy |
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266 | (5) |
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267 | (1) |
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Requesting a reasonable and affordable payment plan |
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268 | (1) |
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269 | (1) |
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269 | (1) |
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Going for an administrative discharge |
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|
270 | (1) |
|
Part V: Strategies for a Successful Bankruptcy |
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|
271 | (34) |
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Avoiding Troubles with Your Trustee |
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273 | (10) |
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Playing by the Rules and Telling the Truth |
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273 | (2) |
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Accurately Listing Your Assets |
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275 | (1) |
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Appreciating the Trustee's Ability to Recover Assets |
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275 | (7) |
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276 | (2) |
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278 | (3) |
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281 | (1) |
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Special problems with manufactured homes |
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281 | (1) |
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Protecting Your Discharge |
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282 | (1) |
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Living on the Edge in Chapter 13 Bankruptcy |
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283 | (22) |
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Creating a Realistic Plan |
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284 | (2) |
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Why Chapter 13 plans fail |
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284 | (1) |
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285 | (1) |
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Keeping Your Lawyer in the Loop |
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286 | (1) |
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Blowing It . . . Again? Not! |
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286 | (8) |
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288 | (1) |
|
|
288 | (1) |
|
Requesting a ``hardship discharge'' |
|
|
289 | (1) |
|
Converting to a Chapter 7 |
|
|
290 | (1) |
|
Dismissing your Chapter 13 and filing a new Chapter 7 |
|
|
291 | (2) |
|
Dismissing your Chapter 13 and filing a new Chapter 13 |
|
|
293 | (1) |
|
Tackling Car and Mortgage Payments Outside the Plan |
|
|
294 | (2) |
|
|
294 | (1) |
|
Proposing a new plan that includes missed payments |
|
|
295 | (1) |
|
Working out drop-dead agreements |
|
|
296 | (1) |
|
Asking for time to sell your property |
|
|
296 | (1) |
|
Addressing Debts Incurred After You File |
|
|
296 | (3) |
|
|
297 | (1) |
|
|
297 | (1) |
|
|
297 | (1) |
|
|
298 | (1) |
|
|
298 | (1) |
|
Sinking Your Ship before It Arrives |
|
|
299 | (2) |
|
|
301 | (4) |
|
Part VI: Enjoying Your Fresh Start |
|
|
305 | (22) |
|
|
307 | (12) |
|
Realizing that You've Already Taken the First Step by Filing Bankruptcy |
|
|
308 | (1) |
|
Using the Fair Credit Reporting Act to Your Advantage |
|
|
309 | (1) |
|
Getting Your Credit Reports after Bankruptcy |
|
|
309 | (5) |
|
Getting credit reports for free |
|
|
310 | (1) |
|
Correcting mistakes on your credit reports |
|
|
311 | (2) |
|
Making sure that your credit reports properly reflect your bankruptcy |
|
|
313 | (1) |
|
|
314 | (2) |
|
Applying for an unsecured credit card |
|
|
314 | (1) |
|
Settling for secured credit |
|
|
314 | (1) |
|
Informing credit bureaus of your good work when the creditor doesn't |
|
|
315 | (1) |
|
Taking it easy when building new credit |
|
|
316 | (1) |
|
Watching Our for Credit-Repair Scams |
|
|
316 | (1) |
|
Establishing Good Credit When You're Married |
|
|
317 | (2) |
|
Staying Out of Financial Trouble |
|
|
319 | (8) |
|
Addressing Compulsive Spending |
|
|
319 | (1) |
|
Admitting that you have a problem |
|
|
320 | (1) |
|
Enrolling in Debtors Anonymous |
|
|
320 | (1) |
|
Building a Consensus with Loved Ones |
|
|
320 | (1) |
|
Establishing common ground with your mate on money matters |
|
|
321 | (1) |
|
Creating realistic expectations from your offspring |
|
|
321 | (1) |
|
|
321 | (1) |
|
Developing a system for tracking what you spend |
|
|
322 | (1) |
|
|
322 | (1) |
|
|
322 | (2) |
|
Reducing credit-card solicitations |
|
|
322 | (1) |
|
Removing your name from direct-marketing lists |
|
|
323 | (1) |
|
Reigning in telemarketers |
|
|
323 | (1) |
|
Making a Few Lifestyle Changes |
|
|
324 | (1) |
|
Figuring out your priorities |
|
|
324 | (1) |
|
Thinking about ways to save moneys |
|
|
324 | (1) |
|
Discovering how to live without credit |
|
|
324 | (1) |
|
Discovering cheap ways to have fun |
|
|
325 | (1) |
|
|
325 | (2) |
|
Watching for telltale signals |
|
|
325 | (1) |
|
|
326 | (1) |
|
Using debt-to-income and equity ratios |
|
|
326 | (1) |
|
Part VII: The Part of Tens |
|
|
327 | (16) |
|
Ten Common Bankruptcy Mistakes |
|
|
329 | (4) |
|
Borrowing Money from Relatives |
|
|
329 | (1) |
|
Repaying Money Owed to Relatives |
|
|
330 | (1) |
|
Chipping Away at Debts with a Home-Equity Loan |
|
|
330 | (1) |
|
Draining Retirement Accounts to Pay Debts |
|
|
330 | (1) |
|
Neglecting to Accurately List All Creditors |
|
|
331 | (1) |
|
|
331 | (1) |
|
Transferring Assets to Keep Them Away from Creditors |
|
|
331 | (1) |
|
Making Payments that You Can't Afford to Make |
|
|
331 | (1) |
|
Thinking that Bankruptcy Is Your Last Resort |
|
|
332 | (1) |
|
Filing Bankruptcy Too Soon |
|
|
332 | (1) |
|
Ten Things You Can Do Right Now to Ease Your Financial Woes |
|
|
333 | (4) |
|
|
333 | (1) |
|
|
334 | (1) |
|
Order Your Credit Reports |
|
|
334 | (1) |
|
Keep Track of Everything You Buy |
|
|
335 | (1) |
|
Get Your Name off Any Joint Accounts |
|
|
335 | (1) |
|
Stop Making Partial Payments on Credit-Card Bills |
|
|
335 | (1) |
|
Call a Lawyer Now If You're Being Sued or Foreclosure Is Underway |
|
|
335 | (1) |
|
Find Out How Much Your Home and Car Are Worth |
|
|
336 | (1) |
|
Empty Accounts in Banks Where You Owe Money |
|
|
336 | (1) |
|
Sharpen Your Pencil and Start Filling Out the Worksheets in Chapter 2 |
|
|
336 | (1) |
|
Ten Common Questions about Bankruptcy |
|
|
337 | (6) |
|
Will Bankruptcy Damage My Credit Rating? |
|
|
337 | (1) |
|
Will Bankruptcy Affect My Job? |
|
|
338 | (1) |
|
|
338 | (1) |
|
Will I Lose My Personal Belongings? |
|
|
339 | (1) |
|
Will I Ever Be Able to Buy a House? |
|
|
339 | (1) |
|
Does My Spouse Have to File Bankruptcy, Too? |
|
|
339 | (1) |
|
Can I Keep Some Debts Off My Bankruptcy and Deal with Them Separately? |
|
|
340 | (1) |
|
Can I Cancel My Bankruptcy If I Change My Mind? |
|
|
340 | (1) |
|
Is Filing Bankruptcy a Long, Protracted Process? |
|
|
340 | (1) |
|
Does It Cost a Bundle to File? |
|
|
341 | (1) |
|
Will BARF Make it More Painful to File Bankruptcy? |
|
|
341 | (2) |
|
Appendix: Homestead Exemption Laws |
|
|
343 | (4) |
|
Choosing between Federal and State Exemptions |
|
|
343 | (1) |
|
Identifying the Federal Homestead Exemption |
|
|
344 | (1) |
|
Surveying State Homestead Exemptions |
|
|
344 | (3) |
Index |
|
347 | |