Index

• Library: How to File for Chapter 7 Bankruptcy (Nolo) (2022 Ed.)

Index

A

Abusive filings, 32-33, 136, 261, 295-297, 298, 335-337

Affiliate, defined, 216

Alimony, 65, 231, 243, 280, 357, 358, 378-379

Amendment Cover Sheet, 332-333

Amendments, to bankruptcy papers, 17, 321, 329-334, 351, 356

American Bankruptcy Institute (ABI), 414

AnnualCreditReport.com, 248, 366

Apartments, 136

Application for Individuals to Pay Filing Fee in Installments (Form 103A), 305

Application to Have the Chapter 7 Filing Fee Waived (Form 103B), 210, 306

Appraisals of collectibles, 102

Asset cases, 313, 345, 354

Assigned property, 268

Assumption agreements, 147

Attorneys' fee debt, 61-62

Auction

of leases, 22

of property, 44, 103

Audits, by U.S. Trustee Program, 19, 34, 260

Automatic stay, 59-74

actions prohibited by, 61-65

conditions for loss of, 66-70

creditor requests to lift, 337-341

in emergency filings, 16

evictions, 70-74

grounds for lifting, 338-339

motion to continue, 67-68

nonapplicability of, 65-66

notice to creditors, 316-318

purpose of, 17

B

Bankruptcy

benefits of, 10

common reasons to file for, 9

decline of stigma associated with, 10-11

Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) (2005)

domestic support, 379

evictions, 70-71

liability for taxes within 240 days before filing, 388

means test, 11

tax-exempt retirement accounts exemption, 90

three income figures, 256

two-year residency rule, 42

valuation of property for exemption, 43-44

Bankruptcy attorneys. See Lawyers, consultation with Bankruptcy Code Sections (11 U.S.C.), 420, 421-422

Bankruptcy courts

attempt to defraud, 34

consideration of civil case judgment, 399

control of financial affairs, 17-19

dischargeability issues, 383-384

dismissal requests after filing, 23

evictions, 71, 74

filing fees, 201, 328, 381

holding creditors in contempt, 359

Letter to Bankruptcy Court (sample), 204

local court websites, 201

local forms, rules, and procedures, 203-205

penalty fines on creditors, 359

rule from the bench, 338

take it under submission, 338

valuation hearings, 158

website finder, 202

See also Court proceedings; Trustees

Bankruptcy Documents Checklist, 303

Bankruptcy estate, defined, 76

Bankruptcy form preparation service, 211, 219

Bankruptcy Forms Checklist, 303

Bankruptcy law, research sources of, 416-417

Bankruptcy petition preparers (BPPs) fees, 407

personal responsibility and, 326

regulation of, 408-409

restrictions on, 19, 323, 407, 410

searching for, 409-410

services of, 406

Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Form 119), 219, 273

Banks and banking

account for mortgage payments during bankruptcy, 116-117

account freezing, 62, 63

joint parent/child accounts, 92-93, 230

loans to rebuild credit, 372

notification of issued loans to credit reporting agencies, 372

protesting levy of account, 358

use of multiple accounts for checking and loans, 62

Beneficial ownership under real estate contract, 226

Brunner three-factor test, 385-387

Budget counseling. See Credit

counseling

Budgets, postbankruptcy, 363-366

Business entities

contributions to employee benefit plans, 244

under corporate structure, 216

EINs, 214, 273

filing for Chapter 11 bankruptcy, 58, 82

loans as security interests, 149

means test, 279

nonconsumer debt, 299-300

on polluted premises, 272

related property in Chapter 7 bankruptcy, 232

related taxes/duties as nondischargeable, 218, 381

Statement of Financial Affairs (Form 107), 272-273

trustees and property of, 308-309

wages/salaries/commissions earned prior to filing, 244

Buy-back of property

under Chapter 7 bankruptcy, 40-41, 94

under Chapter 13 bankruptcy, 51

C

Cable television, 65

California

late income tax returns, 381

legal document assistants, 409

property exemptions, 40, 94, 106-108

purchase money loans, 128

tools of the trade, 234

wildcard exemptions, 43

California Association of Legal Document Assistants, 409

CARES Act, 361

Cars and vehicles debts from accidents, 376, 382

leased, 251

liens on, 176

listing in Schedule G, 227

loans for, 149

redemption of, 160

replacement value, 102

repossession of, 16

as tools of trade, 169

Cash advances, 394

Census test, for household size, 28

Certificate of completion, for credit counseling, 13, 16, 22, 31, 197-199, 217

See also Credit counseling

Certification About a Financial Management Course (Form 423), 196, 328, 347

Change of address, 334

Chapter 7 bankruptcy, alternatives to, 47-58

Chapter 11 bankruptcy for business entities, 58

Chapter 12 bankruptcy for family farmers, 55, 57-58

filing for Chapter 13 bankruptcy to pay over time, 51-55

negotiation with creditors, 49-50

outside help to design repayment plan, 49-50

taking no action, 47-48

See also Chapter 13 bankruptcy

Chapter 7 bankruptcy, handling secured debts, 156-170

elimination of liens, 166-170

reaffirmation of debt, 162-165, 174

redemption of collateral, 158-160

ride-through option, 160-162, 165

step-by-step instructions, 181-191

surrender of collateral, 157-158

See also Secured debts

Chapter 7 bankruptcy, ineligibility for, 24-34

ability to afford Chapter 13 repayment plan, 24-30

abusive filings, 32-33

attempt to defraud bankruptcy court, 34

conversion to after Chapter 13 filing, 32, 78

defrauding of creditors, 31

household size, 27-28

limits on frequency of use, 30

means test, 25-30

noncompletion of credit counseling, 31

previous dismissed bankruptcy within 180 days, 30-31

Chapter 7 bankruptcy, overview, 7-58

alternative remedies, 47-58

automatic stay, 16, 17

bankruptcy in the US, 9-11

contracts and leases, 22

costs of, 13

court control, 17-19

economic factors of, 35-46

ineligibility to file, 24-34

mandatory credit counseling, 13-15

means test, 11, 16, 19

meeting of creditors, 19-20

Order of Discharge, 22-23

paperwork filing, 15-17

postbankruptcy, 24

property and, 20-21

secured debts, 21

U.S. Trustee Program counseling, 13-15, 22, 53

See also Paperwork filing, for Chapter 7 bankruptcy

Chapter 7 Means Test Calculation

(Form 122A-2), 207, 277, 283-298, 336

Chapter 7 Statement of Your Current

Monthly Income (Form 122A-1), 256, 265, 277, 279-283, 336

Chapter 11 bankruptcy, for business entities, 58, 82

Chapter 12 bankruptcy, for family farmers, 55, 57-58

Chapter 13 bankruptcy

ability to afford repayment plan, 24-30, 256-257

buy-back of non-exempt property, 51

conversion to, 23, 51-55

cosigners, 39

cramdown procedure, 56, 147

criteria for, 38

dischargeable debt, 53

domestic support, 379

eligibility for, 55

as follow-up to Chapter 7, 172

home ownership, 125, 143

means test and, 294-295

paperwork filing, 52

pay debts over time, 51-55

previous discharge and waiting period for filing, 30

retention of property, 44

zero-percent plan, 52

Chapter 20 bankruptcy, defined, 172

Charitable contributions, 259, 268, 293

Childcare expenses, 259, 290-291

Child support, 23, 35, 65-66, 231, 243, 280, 357, 358, 378-379

Child support liens, 240

Codebtors, 238, 239, 245

Codebtors (Form 106H), 252-253

Collateral, 21, 242, 340

See also Secured debts

Collection agencies

listed on Schedule E/F, 248

Sample Letter Telling Collection Agency to Stop Contacting You, 36

stopping harassment by, 36, 60, 61

Commercial fishing-related property, 232

Commissions, for trustees, 18, 77

Common law marriage, 206

Common law property states, 86, 89, 206-207

Communication devices, 291

Community property states/territories, 86-88, 111, 238, 253

Community service, 63

Complaint to Determine

Dischargeability of a Debt, 383-384, 392, 396, 398

Complaint to Determine

Dischargeability of Student Loan, 384

Compulsive spenders, 364

Computer hardware leases, 374

Computer software leases, 374

Concert tickets, 232

Condominiums, 136, 382-383

Consumer debt, defined, 299

Consumer Financial Protection Bureau, 124

Consumer vs. business debt, 218

Contingent future interest, 85, 225, 239

Contracts

assuming of, 22

beneficial ownership under real estate, 226

as dischargeable debt, 376-377

executory, 227, 249-253, 273-274

requirements of debt relief agencies, 405

Controlled substances, illegal use of, 72, 74

Controlled Substances Act, 25

Conversions

to Chapter 7 after Chapter 13 filing, 32, 78

to Chapter 13 bankruptcy, 23, 51-55

means test and, 32

Cooperative housing, 382-383

Co-ops, 136

Copyrights, 230

Cosigners, 39, 247, 355

County government

bar associations, 413

judgment liens, 151

records of liens, 131

Court actions, 266-268

Court-appointed receivers, 268

Court fees, 381

Court-ordered payments, 290

Court proceedings, 311-347

amendments to bankruptcy papers, 321, 329-334

creditor objections to debt discharge, 334, 344

creditors notified of automatic stay, 316-318

dealing with secured property, 327-328

debtor education course, 322, 328

discharge orders, 329

disputes over claimed exemptions, 342-344

failure of means test, 279, 297, 335-337

filing change of address, 334

lifting of automatic stay by creditors, 337-341

Notice of Bankruptcy Filing, 313

reaffirmation hearings, 329

request for dismissal of case by filer, 345-347

request to reopen case, 347

return of exempt property taken by creditor, 344-345

routine procedures, 313-315

341 hearings, 316, 318-326

trustee collection of nonexempt property, 326-327

Coverdell education savings accounts, 90, 229

COVID-19 pandemic

court reopening guidelines, 201, 203

eviction protections, 17, 70

free credit reports during, 366

Paycheck Protection Program (PPP), 34, 361

stimulus payments not includable income, 282

Cramdown procedure

in Chapter 12 bankruptcy, 57

in Chapter 13 bankruptcy, 56, 147

Credit applications, 257

Credit card debt, 52, 61-62, 82, 148, 239, 375, 389

Credit cards

avoidance of company catalog cards, 371

cash advances, 394

creditor objection based on fraud, 400-402

postbankruptcy, 10, 370-371

store issued as unsecured, 150

Credit counseling

within 180 days of filing, 31

approved by U.S. Trustee Program, 13-15, 22, 53

avoidance of debt repayment scams, 53

creation of budgets, 363

exceptions due to exigent circumstances, 198-199

fees, 22, 198

via telephone/online, 198

waiver of, 198

See also Certificate of completion, for credit counseling

Credit counseling agencies, 49-50, 53, 198...