Posts Tagged ‘foreclosure and bankruptcy’
When You Have to File for Bankruptcy
If you are facing foreclosure, then it is wise to find out all the options that may be available to you. In some cases, you might be able to stop foreclosure completely and keep your home but in others you might have to sell your home and move on. There are a few foreclosure situations where filing for bankruptcy protection is one of the best ways to do to give the homeowner a fresh start in life. If it comes down to filing for bankruptcy, you need to make sure that you know what you are getting yourself into. You need to get as much information about bankruptcy and what it will mean to your life. This book called When You Have to File for Bankruptcy: Step-by-step Instructions to Take Control of Your Financial Future has step by step instructions of what you need to do.
According to the United States Bankruptcy Courts, the number of bankruptcies filed each year is on the rise. People file bankruptcy for a variety of reasons, such as:
- preventing foreclosure on their homes,
- preventing repossession of property,
- loss of employment, or
- reducing or eliminating debts.
Most common types of bankruptcy for individuals
The most common types of bankruptcy for which individuals file are Chapter 7 and Chapter 13.
Chapter 7 involves the surrender of property to pay debts, while a Chapter 13 bankruptcy allows for the retention of property but requires payments over the next three to five years.
This book is divided into three sections: evaluating your need to file for bankruptcy, how to file for bankruptcy, and what to do after you have filed. In the first section, you will be provided with evaluation tools, determine your eligibility, learn how to check your credit report for accuracy, and learn about the different types of bankruptcy for which you can file.
In the second section, you will learn about the major changes in bankruptcy law, bankruptcy lawyers, alternatives to filing for bankruptcy, bankruptcy code, collection agencies, exempt property, nondischargeable debts, what bankruptcy can and cannot accomplish, the automatic stay provision, foreclosure, tax levies, bankruptcy fees, the 341 meeting, bankruptcy myths, the initial consultation with your lawyer, and bankruptcy timelines. You will learn the answers to some of the most common questions about bankruptcy, such as:
- Will creditors stop harassing me?
- Will my spouse be affected?
- Who will know about my filing?
- Will I ever get credit again?
- What does it cost?
The final section will provide a brief overview of what to do after you have gone through the bankruptcy process. We will address the issues of how to get car loans and home loans and how to build credit after bankruptcy. Whether you are filing for bankruptcy for the first time or, unfortunately, you have been through it before, When You Have to File for Bankruptcy will provide insight into the complex and burdensome process.
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The Elements of Bankruptcy
Even if you are in foreclosure or you are about to face foreclosure, filing for bankruptcy protection is never a good thing to do. There are many consequences. People might say that it is a good way to get a fresh start to get creditors off your back, but what they are not telling you is that everyone who has filed for bankruptcy protection suffers some kinds of consequences and there are times that they wish that they never filed for bankruptcy. There are alternative ways to save your home and prevent foreclosure.
However, learning about bankruptcy is never a bad idea. By reading stories of different people and different cases, you may have a better understanding of what it will mean to you. This is a unique book that you can read about different cases of bankruptcy. It is called The Elements of Bankruptcy (Concepts and Insights). This is the fourth edition of the book so it is quite up to date.
This casebook is an authoritative introduction to bankruptcy. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Students reap the benefit of the author's expert opinions, insight, and experience. Representative topics include the individual debtor, corporate reorganizations, and claims, property of the state, and the "Strong-Arm Powers."
About the Author
Harry A. Bigelow Distinguished Service Professor of Law, The University of Chicago
Buy The Elements of Bankruptcy, Fourth Edition (Concepts and Insights)
Chapter 13 Bankruptcy
Sometimes, filing for bankruptcy protection is the only way to keep your home But, bankruptcy is not something you do if you have other options. There are many other ways that you can try to prevent foreclosure or stop foreclosure before you think about filing for bankruptcy protection. Get a free consultation before you settle for filing bankruptcy to make sure there is nothing else you can do. Bankruptcy is very bad for your credit and you are going to suffer lots of consequences in the process.
Prevent Foreclosure Today - Immediate Prevention. Most homes can be saved. Fast & Free Advice
If filing for bankruptcy protection is the right thing for your situation, you need to decide what type of bankruptcy you are going to file. Most people file for Chapter 13 bankruptcy. You usually can keep your home while slowly repaying your debt with Chapter 13 bankruptcy protection. You need to read up about it if you are really interested in filing. This book called Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time will give you a good overview of what you need to do, what the consequences are, and so on.
What Reviewers say about this Chapter 13 Bankruptcy book?
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion." -- The Midwest Book Review
"In Nolo's usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy." -- Orange County Register
"An excellent book that can guide you through the [Chapter 13] process." (Forbes Magazine )
"Contains many tear-out forms, federal and state exemptions charts, and the most recent legal documents and instructions on how to fill them out." (Reference & Research Book News )
"In Nolo's usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy." (Orange County Register 20080202)
"An excellent book that can guide you through the [Chapter 13] process." -- Forbes Magazine
Description of Chapter 13 Bankruptcy Book
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
Buy Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time


