Acknowledgments |
xiv |
ONE
WHEN IT'S TIME TO FACE THE FACTS |
1 |
Bankruptcy Through the Ages |
2 |
The Acceptance of Credit and
Debt |
3 |
The Purpose of Bankruptcy Laws |
5 |
The Role of Bankruptcy Courts |
5 |
Financial Warning Signs |
6 |
Questions to Ask Yourself |
6 |
What Your Next Step Should Be |
8 |
Bankruptcy as a Way Out |
9 |
What Bankruptcy Can and Cannot
Do for You |
9 |
"How Did I Get to This
Point?" |
10 |
Three Profiles in Bankruptcy |
11 |
TWO
DEBTORS HAVE RIGHTS, KNOW YOURS |
17 |
Consumer Protection Laws |
18 |
The Truth in Lending Act |
18 |
The Equal Credit Opportunity
Act |
19 |
The Fair Credit Billing Act |
20 |
The Fair Credit Reporting Act |
20 |
The Fair Debt Collection
Practices Act |
21 |
Consumer Reporting Agencies and Your Credit
File |
22 |
What's in Your Credit File |
23 |
How to Check Your Credit File |
25 |
What to Do if You Are Refused
Credit |
27 |
How to Correct Your Credit
File |
28 |
How to Resolve Billing
Disputes |
30 |
Dealing with Debt Collectors |
32 |
What Debt Collectors Can Do |
33 |
What Debt Collectors Can't Do |
33 |
What Debtors Can Do |
34 |
Dealing with the Internal Revenue Service |
36 |
The Taxpayer Bill of Rights |
37 |
What the IRS Must Do |
38 |
What a Taxpayer Can Do |
38 |
Always Be Protected and Prepared |
39 |
THREE
FINDING ALTERNATIVES TO BANKRUPTCY |
41 |
When Bankruptcy Will Not Work |
41 |
If Your Debts Are Secured |
41 |
If You Had a Previous
Bankruptcy |
44 |
If You Are Judgment Proof |
44 |
Other Reasons Not to File
Bankruptcy |
45 |
When and How to Settle Out of Court |
46 |
How to Negotiate with Your
Creditors |
47 |
Use an Assignment for Benefit
of Creditors |
48 |
Where to Find Help |
48 |
The Truth About Consumer
Counseling Services |
50 |
Using a Bankruptcy Attorney |
52 |
A Do-It-Yourself Bankruptcy |
53 |
FOUR
HOW TO GET YOUR CREDITORS TO SETTLE FOR LESS |
54 |
Determining How Much You Can Pay |
54 |
Simple Financial Formulas |
54 |
Selecting the Right Creditors |
56 |
Contracting Your Creditors |
58 |
Meeting Your Creditor Face to
Face |
59 |
FIVE
WHEN BANKRUPTCY IS THE ONLY WAY OUT |
66
|
Classifying Your Debts |
66 |
Dischargeable Debts |
69 |
Nondischargeable Debts |
71 |
Debts That May be
Nondischargeable |
72 |
The Advantages of Personal Bankruptcy |
74 |
Stop Creditors from Harassing
You |
74 |
Protect Your Property |
74 |
Control Your Dealings with
Creditors |
75 |
Halt Legal Action by Creditors |
75 |
The Disadvantages of Personal Bankruptcy |
79 |
You May Lose Your Property |
79 |
How It Will Affect Your
Mortgage |
80 |
What Happens to Your Credit
Standing |
81 |
The Impact on Your Future
Credit |
82 |
About Your Personal Reputation |
83 |
Your Next Step |
84 |
Get Competent Help |
85 |
Bankruptcy, Chapter by Chapter |
85 |
Selecting the Right Chapter |
87 |
SIX
WHAT YOU SHOULD KNOW ABOUT CHAPTER 7 BANKRUPTCY |
89
|
Deciding If Chapter 7 Is Right for You |
89 |
When to Use Chapter 7 |
90 |
Who is Eligible for Chapter 7 |
90 |
The Chapter 7 Filing |
90 |
When to File Chapter 7 |
90 |
What Is Filed |
91 |
What the Court Fees Are |
91 |
The Chapter 7 Process |
92 |
What the Bankruptcy Trustee
Does |
92 |
How Creditors Are Notified |
92 |
The Meeting of Your Creditors |
93 |
Questions You Must Answer |
93 |
Asset and No-Asset Cases |
95 |
The Resolution of Your Filing |
96 |
How Your Debts are Discharged |
96 |
What Happens After the
Discharge |
96 |
Why Your Case Could Be
Dismissed |
96 |
How to Deal with Secured
Creditors |
97 |
Why You Should Refuse to Sign
a Reaffirmation Agreement |
98 |
SEVEN
WHAT YOU SHOULD KNOW ABOUT CHAPTER 11 BANKRUPTCY |
101 |
Deciding If Chapter 11 Is Right for You |
101 |
Who is Eligible for Chapter 11 |
101 |
The Advantages of Chapter 11 |
102 |
Who Chapter 11 Helps |
102 |
The Chapter 11 Process |
103 |
How Court Fees Are Set |
103 |
Developing a Payment
Plan |
104 |
How Your Plan Is
Approved |
104 |
EIGHT
WHAT YOU SHOULD KNOW ABOUT CHAPTER 12 BANKRUPTCY |
106 |
Deciding If Chapter 12 Is Right for You |
106 |
Who is Eligible for Chapter 12 |
107 |
The Advantages of Chapter 12 |
107 |
The Chapter 12 Process |
107 |
How Co-Signers Are Protected |
107 |
Your Repayment Period |
108 |
How Creditors Are Treated |
108 |
NINE
WHAT YOU SHOULD KNOW ABOUT CHAPTER 13 BANKRUPTCY |
109 |
Deciding If Chapter 13 Is Right for You |
109 |
When to Use Chapter 13 |
109 |
The Advantages of Chapter 13 |
111 |
The Disadvantages of Chapter
13 |
112 |
Who is Eligible for Chapter 13 |
113 |
The Chapter 13 Filing |
114 |
About Your Payment Plan |
114 |
Your Filing Costs |
114 |
The Chapter 13 Process |
115 |
What the Bankruptcy Trustee
Does |
115 |
Your Employer May Be Notified |
115 |
How Creditors Are Notified |
116 |
How a Payment Plan is
Established |
116 |
What Happens When Your
Creditors Meet |
117 |
Your Confirmation Hearing |
118 |
If Your Plan is Not Confirmed |
118 |
The Chapter 13 Discharge |
118 |
How Secured Creditors are
Treated |
119 |
What to Do If Your Plan Fails |
120 |
When to Request a Hardship
Discharge |
120 |
TEN
YOUR EXEMPTIONS: FROM ALABAMA TO WYOMING |
121 |
ELEVEN
HOME AND REAL ESTATE EXEMPTIONS: A STATE-BY-STATE GUIDE |
173 |
TWELVE
WHY YOU SHOULD CONSIDER USING AN ATTORNEY |
180 |
The Attorney's Roles |
181 |
As Your Advisor |
181 |
As Your Negotiator |
182 |
As Your Representative |
183 |
How to Find a Personal Bankruptcy Attorney |
184 |
How to Select the Right
Attorney |
185 |
THIRTEEN
HOW YOU CAN PROTECT YOUR ASSETS |
188 |
Plan Ahead for Best Results |
188 |
Plan Well in Advance of Your
Filing |
189 |
Keep the "Pig
Theory" In Mind |
189 |
Stay Within the Applicable
Laws |
190 |
Important Steps You Can Take |
191 |
How to Convert Nonexempt
Property Legally to Exempt Property |
191 |
How to Use Nonexempt Property
to Pay Off Nondischargeable Debts |
194 |
What You Should Not Do |
195 |
FOURTEEN
YOUR LIFE AFTER BANKRUPTCY |
198 |
Reestablishing Your Charge Accounts |
200 |
Use the Charge Accounts You
Saved |
200 |
How to Use Secured Credit
Cards |
202 |
Use Bank Accounts for Credit |
205 |
Take Out a Passbook Loan |
205 |
Debit Cards Will Help You |
205 |
Apply for a Secured Loan |
206 |
Protect Your New Credit |
206 |
Keep Your Credit Files Clean |
206 |
A Final Warning |
207 |
A GLOSSARY OF TERMS YOU SHOULD KNOW |
208 |
APPENDIX A
FEDERAL BANKRUPTCY EXEMPTIONS |
212 |
APPENDIX B
SAMPLE BANKRUPTCY FORMS |
215 |
INDEX |
235 |