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Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time, by Stephen Elias, Kathleen Michon
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This plain-English guide to decide if Chapter 13 is right for you and to learn how to keep valuable property and discharge your unsecured debts.
Chapter 13 legal concepts, procedures, and monetary calculations can be tricky. Nolo's Chapter 13 Bankruptcy breaks down the Chapter 13 process and provides clear explanations of the law so you can:
. consider alternatives to bankruptcy
. decide which is better for you -- Chapter 7 or Chapter 13
. determine if you qualify for Chapter 13
. understand bankruptcy’s automatic stay
. learn how Chapter 13 can help avoid foreclosure
. find out if you can reduce your car loan balance, or the balance on other secured debts
. determine if you can strip second mortgages or home equity lines from your home
. calculate (with forms and step-by-step instructions) whether you have enough income to propose a repayment plan that will meet legal requirements
. calculate the amount of your monthly plan payment
. find and work effectively with an excellent lawyer, and
. rebuild your credit after bankruptcy
This newest edition includes new information on hiring and working with a lawyer, recent U.S. Supreme Court and other federal court decisions interpreting bankruptcy law, the latest bankruptcy exemption laws in your state, and recent IRS standard expense amounts (which play a role in plan payments).
This book does not cover business bankruptcies, farm reorganizations, or Chapter 7 personal bankruptcy. See Nolo's How to File for Chapter 7 Bankruptcy.
- Sales Rank: #87388 in Books
- Published on: 2014-05-20
- Original language: English
- Number of items: 1
- Dimensions: 11.00" h x .75" w x 8.50" l, 1.36 pounds
- Binding: Paperback
- 416 pages
Review
"An excellent book that can guide you through the [Chapter 13] process. "Forbes Magazine
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion." The Midwest Book Review
“This is the best book going if you choose to file alone or if you want background on the Chapter 13 process.” Attorney Gary Klein, Co-Author of Consumer Bankruptcy Law and Practice
"Elias, a bankruptcy lawyer and author, and Michon, a bankruptcy and debt editor and former consumer lawyer, help individuals file for Chapter 13 bankruptcy. They explain other types of bankruptcy relief and options for dealing with debts outside of bankruptcy, the automatic stay, eligibility for Chapter 13 bankruptcy, whether to file for Chapter 7 or Chapter 13, creating a repayment plan that will be approved, making the decision to file, filling out forms, understanding the basics of a repayment plan, filing a bankruptcy case, handling routine matters after filing, addressing common legal issues, carrying out the plan, what to do if the plan cannot be completed, life after bankruptcy, hiring and working with a lawyer, and doing legal research. This edition has been revised to incorporate recent changes to bankruptcy law, including updated state exemption tables and key US Supreme Court decisions." Eithne O'Leyne, Editor Ringgold, Inc. ProtoView
About the Author
Until his death in late 2011, Stephen R. Elias was a practicing attorney, active Nolo author, and president of the National Bankruptcy Law Project. He was the author or coauthor of many Nolo books, including How to File for Chapter 7 Bankruptcy. Steve held a law degree from Hastings College of Law and practiced law in California, New York, and Vermont before joining Nolo in 1980. He was featured in such major media as The New York Times, The Wall Street Journal, Newsweek, Good Morning America, 20/20, Money Magazine, and more. The blog he began on bankruptcy and foreclosure law continues at Nolo's Bankruptcy & Foreclosure Blog.
Kathleen Michon graduated cum laude from Northwestern University School of Law. She was the Directing Attorney of Public Counsel's Consumer Rights Project. She specializes in consumer, debt and credit law.
Most helpful customer reviews
10 of 10 people found the following review helpful.
A Solid Background and Reference for Those With Financial Problems
By Jason Honaker
I am an attorney in the San Francisco Bay Area focusing on bankruptcy, representing consumers and small business owners in Chapter 7 and 13 proceedings, and some individuals in Chapter 11 proceedings. I purchase each new edition of the Nolo Chapter 13 and Chapter 7 books when they are available. I keep a copy available so I can show and recommend them to clients who are eager to have a "desk reference" to the bankruptcy process. For reasons explained below, I do not consider it a "user manual" to their own case though. I instead try to provide them with extensive in-person explanation, and handouts that are specific to the jurisdiction we are filing the case in.
While it is primarily a creature of federal statute, bankruptcy law is in practice very local. The results the debtor can achieve through filing might vary widely between states, cities, and even judges sitting in the same city. The results of these variations can directly affect the bottom line most filers are concerned about: how much, if any, of their debt will they need to repay to get a bankruptcy discharge and prevent or delay wage garnishments, levies, foreclosures, lawsuits and repossessions.
This book cannot cover those nuances - which can affect whether the case should be filed and the result that can be achieved if it is filed - for every locality. This is understandable, as these can catch even experienced practitioners off guard - (for example: a debt that might need to be paid back through the plan in Sacramento, incurring expensive trustee fees, might be able to be paid outside the plan in San Francisco, Oakland, or San Jose without trustee fees.) In explaining the overall purpose of the law and its intent though, the book achieves what it set out to do, and acknowledges its limitations.
In terms of quality and organization, the Nolo books are first-rate consumer guides for bankruptcy. These books educate the consumer very well. On the other hand, some readers who purchase the book might be disappointed because they think (due to the Nolo brand) they are getting a "do it yourself" legal guide, only to discover that the book will advise them that they are probably better off hiring a qualified lawyer because of the complexity of the process. For that reason only, I give the book four stars instead of five.
For the consumer who wants to understand Chapter 13 bankruptcy, I think this is by far the best publication available. It is frequently updated for a physical book, and avoids many of the vague over-generalizations and pure fiction that I see repeated online, in news publications, and repeated in my office by prospective clients. I think the book is a useful reference for attorneys in other areas like taxation, or real estate professionals or accountants who have clients who might need to file bankruptcy and want to understand what Chapter 13 bankruptcy is.
In the area where I practice, federal guidelines fail to adequately account for the real cost of living here, so two-income couples with relatively average salaries may find themselves disqualified from filing Chapter 7 bankruptcy and need to file Chapter 13 even if they don't have unexempt property. These individuals are often convinced that filing Chapter 13 means they "have to pay everything back" which is usually not true. I regularly help people with fairly high incomes to pay back a modest fraction of what they owe in Chapter 13. In the exceptional case where 100% of unsecured debts are repaid, there is generally little or no interest on that debt, which can yield huge savings versus non-bankruptcy "options" or procrastination.
Potential filers have often been misled about bankruptcy by people who had a financial interest in preventing them from filing bankruptcy. I recommend this book to skeptical people who would be better served by filing. In summary, this is a great reference book for the consumer or generalist, but I think readers will agree it is not a do-it-yourself book. In light of what is at stake though, for those who want to know more and have the time to learn, purchasing and reading the book will be a good investment of time.
0 of 0 people found the following review helpful.
Five Stars
By Trisha
Good pro se litigant information
0 of 1 people found the following review helpful.
Recommended
By Book Worm
Informative and Useful Guide
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